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Fair Labor Standards Act (FLSA) update


As you may be aware, on Tuesday, May 17, 2016, the United States Department of Labor announced the final revisions to the overtime regulations associated with the Fair Labor Standards Act (FLSA). The new regulations require that all employees who make less than $47,476/year (with certain exceptions – see Note below) be classified as non-exempt effective December 1, 2016.  At that time, those employees will be entitled to earn federal overtime (granted as compensatory time or pay at 1.5x the hourly rate) when working more than 40 hours in a workweek. 

As was mentioned in our first communication in May, Human Resources has been reviewing the potentially affected employees to determine the impact of the new rules.  Employees who will be impacted by the change will be notified in mid-October 2016. 

To assist with the transition and implementation of the new changes, Human Resources has developed training and communication for employees, supervisors and timekeepers.  The following individuals will be required to attend training: 

  • Employees who are impacted;
  • Supervisors of impacted employees; and
  • Timekeepers who have never recorded time for non-exempt employees.

There will be several classes offered; you will be notified if you are required to enroll.  The training classes are scheduled for October, 2016. 

NOTE:  This regulation does not affect faculty, teachers, lecturers or coaches since they are exempt if their primary duty is teaching, tutoring, instructing, or lecturing in the activity of imparting knowledge. In addition, employees that are considered Academic Administrative Personnel (e.g. Student Services Advisors, Academic Advisors, and Career Counselors) are also exempted.

Barbara J. Centeno, MS, MBA, CCP
Associate VP - Human Resources
The University of Texas at San Antonio