Human Resources

Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) is a federal law that was first enacted in 1938 to protect the rights of employees, particularly in regards to fair pay practices. It primarily covers federal minimum wage rates, overtime rules, and child labor restrictions.  The law has been revised over the years and the most recent provisions took effect on January 1, 2020. In order to be in compliance with the new revisions, The University of Wyoming reviews all classified staff positions at the time of audit to determine whether they are exempt or non-exempt from FLSA provisions.

• Each employee is either non-exempt under FLSA or exempt from the act based on the responsibilities of their position and their salary. For a position to be exempt from the act, it must meet one of five exemption tests (Administrative, Professional, Executive, Computer or Outside Sales). For more information concerning these exemptions, please visit The United States Department of Labor web site. If a position does not meet any of these exemptions, it is then considered to be non-exempt under FLSA and subject to the pay practices outlined in the act. Any employee who earns less than $35,568 per year ($684 per week) is automatically non-exempt under FLSA regardless of classification title or duties. The salary test does not allow the University to prorate the salary based upon percent of time. It is a fixed amount that is not subject to review.
• If you have any questions or comments concerning the FLSA status of a position or classification, please contact us at ccomp@uwyo.edu

Additional Resources

• DOL Fact Sheet on Compensatory Time
• DOL Fact Sheet on Defined Working Time
• DOL Fact Sheet on Exemption Tests
• DOL Guidance for Higher Educational Institutions