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Employee Services

Employment Support

Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) is a federal law that ensures employees are treated fairly and accurately compensated for their time worked. The FLSA determines the exempt or non-exempt status of jobs, and establishes standards for minimum wage, overtime pay, recordkeeping, child labor and nursing mother breaks and facilities. Follow the links on this page for additional information and resources.

At Texas A&M University-Kingsville, non-exempt employees are paid hourly and receive bi-weekly pay; exempt employees are paid a salary and receive monthly pay. Non-exempt positions are entitled to overtime pay; exempt positions are not. Texas A&M University-Kingsville Human Resources is responsible for determining the status for positions at Texas A&M University-Kingsville.

FLSA requires Texas A&M University-Kingsville (TAMUK) to pay non-exempt employees an hourly rate of 1.5 times the employee’s regular hourly rate for any work performed over 40 hours in a TAMUK workweek. Non-exempt employees should receive approval before working additional time. However, all time worked in excess of 40 hours per week must be compensated at the overtime rate. For more information:

FLSA requires TAMUK to record wages and hours for non-exempt employees. The FLSA does not allow TAMUK to record hours worked for exempt employees. For more information:

FLSA requires TAMUK to provide a location and reasonable break time for a mother to express breast milk for her nursing child. The location cannot be a bathroom and must be shielded from view, free of interruptions and readily available to the employee. For more information:

To register for TrainTraq courses, visit TrainTraq in your Single Sign On (SSO) menu.

  • TrainTraq Course: 211169 Fair Labor Standards Act (FLSA) Working Hours Training
  • TrainTraq Course: 2113632 Paying Employees in Workday
  • TrainTraq Course: 2112755 Comp Time Issues for Employees
  • Traintraq Course: 2112756 Comp Time Issues for Supervisors

FLSA FAQs & Resources

Bi-weekly employees' FLSA status is nonexempt.

Monthly employees' FLSA status is exempt.

Our work volume is low and I don’t need all of my employees today. Do I need to pay my employee for time not required to come to work?

For non-exempt employees, no — employees must only be paid for hours worked.

For exempt employees, yes — employees must be paid their entire salary regardless of the amount of work performed in a week.

For nonexempt employees, yes.

For exempt employees, no.

For nonexempt employees, yes — employees must receive 1.5 times their rate of pay for all hours worked over 40 in the 7 day workweek. Example: If Joe is paid $10 dollars an hour, his overtime pay will be $15 dollars an hour.

For exempt employees, no.

Is the time off less than 4 hours? Example: doctor’s appointment

For nonexempt employees, yes. If a request for time off is approved, employees can use accrued sick or vacation time. If no accrued time is available, they must request unpaid time off.

The minimum salary required under FLSA is $35,568 per year or $684 per week.

There is no provision to prorate the salary requirement of $684 per week when an employee’s hours are reduced. The employee must receive a salary of at least $684 in each week in which he or she performs any work regardless of the number of days or hours worked to qualify for the exemption. 

Teachers are exempt if their primary duty is teaching, tutoring, instructing or lecturing in the activity of imparting knowledge, and if they are employed and engaged in this activity as a teacher in an educational establishment.