FLSA Frequently Asked Questions

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and federal, state, and local governments.  

Exempt employees are excluded from being paid overtime. Non-exempt employees are eligible for overtime. Exemption is based on the “primary duties” of the position and qualifying for all three of the following tests:

• Salary Basis Test: Employee must be paid a predetermined and fixed annual salary. 
  
• Salary Threshold Test: Employee must be paid above a salary threshold amount as specified in the Department of Labor’s (DOL) regulations.
• Duties Test: Employee must qualify as a Teacher, Executive, Administrator, or Professional.

More information about how this test applies to Virginia Tech employees is available on our FLSA page. More information about the FLSA and overtime exemptions is available on the DOL website.

If you are in a position that is evaluated and determined to be non-exempt, you will become eligible to earn overtime wages or compensatory time at the rate of time-and-one-half if you work over 40 hours during a given work week. The university’s work week is Friday from midnight to the following Friday at midnight. Overtime hours must be pre-approved by your supervisor prior to working the hours.  

You must meet the standards of the exemption tests based on the primary duties of your position regardless of your job title. For an exemption to apply, a white-collar employee’s specific job duties and salary must meet all of the applicable requirements provided in the DOL regulations. Accordingly, the duties test must be met even if the employee’s salary exceeds the standard salary level as determined in the DOL regulations.

Non-exempt employees must accurately report all hours worked and any leave taken during each university work week in one of the time/leave recording systems (i.e. the Leave and Time Worked Reporting System, TimeClock Plus, or paper form). Departmental leave representatives can provide guidance on which method the department uses as the source of record. Non-exempt employees are responsible for accurately recording all time worked and leave taken in the time keeping system, and the system record must be approved by the employee and supervisor by the established leave or payroll approval deadline. Failure to approve the timecard by the deadline may jeopardize timely processing and receipt of pay or compensatory leave.

Per University Policy 4300: Hours of Work, “Employees working at least six consecutive hours shall be afforded, at a minimum, a 30-minute meal break. However, employee meal breaks shall not exceed 60 minutes a day. The meal break shall not be included in either the attendance or the hours of work per day, except when the employee is not completely free of all duties during the meal break.

Department heads, at their discretion, may grant employees working an eight-hour day a maximum of one break before the meal break and one break after the meal break. These rest breaks are included within the total required hours of work and shall not exceed 15 minutes each.

The FLSA requires that employers keep certain records for each non-exempt worker in order to ensure employees are paid the wages they earn and are owed. Each department will establish the timekeeping method they deem most appropriate for their operational needs, in accordance with applicable FLSA regulations and university policies.

The FLSA does not set forth these types of stipulations. Each department determines and establishes policies and procedures, in accordance with applicable FLSA regulations and university policies, as deemed appropriate in support of the departments’ needs. Visit the benefits site for more information information flexible work options at Virginia Tech.

Generally, travel away from home is considered work time when it cuts across the employee’s normal workday. This includes hours worked on regular working days during normal working hours as well as corresponding hours on non-working days. Refer to University Policy 4320: Guidelines for the Fair Labor Standards Act for more information.

For units using the Leave and Time Worked Reporting System, a manager/supervisor will approve time on a monthly basis in accordance with the established leave approval deadlines. System user and approver information may be found on the Applications Support page under Hiring and Employee Transactions.

• For units using TimeClock Plus, a manager/supervisor will approve an employee’s time at minimum on a semi-monthly basis in accordance with the established payroll deadlines. TimeClock Plus is managed by the Payroll Department. Information, training, and guides on the system are available on the TimeClock Plus site. If you have questions about TimeClock Plus, contact the Payroll Team at payroll@vt.edu.
  

Overtime-eligible employees are paid overtime or earn compensatory leave ("comp time") for hours worked over 40 hours in the work week.

Overtime compensation may be in the form of time and one-half pay or time and one-half leave, also called compensatory leave or "comp time". Public universities or colleges that qualify as a “public agency” under the FLSA may compensate non-exempt employees with comp time in lieu of overtime pay. Virginia Tech does qualify as a public agency under the FLSA; which form of overtime compensation is granted is at the discretion of the employer/department.

Overtime is calculated based on the work week. The university’s standard work week is Friday from midnight to the following Friday at midnight.

A seven (7) day period in which the required working hours for full-time employees equal forty (40) hours, with distribution of such hours during the work week a matter of scheduling left to the individual departments.

Overtime is paid on actual hours worked. That means paid hours that are not actually worked, such as vacation, sick, and holiday pay do not count toward being paid overtime. 

According to state and federal law, overtime begins after an overtime-eligible employee has worked in excess of 40 hours in the workweek; there are no adjustments or prorations if someone works less than 40 hours.

Overtime is calculated at one and one-half times the employee’s regular rate of pay for hours worked in excess of 40 in a workweek. Overtime compensation may be in the form of time and one-half pay or time and one-half leave, also called compensatory leave or "comp time". 

Yes, you always need to get approval from your manager/supervisor in advance if you plan or need to work more than 40 hours in a work week to meet the expectations of your job.

You will be paid for time worked in accordance with applicable regulations; however, you and your manager should discuss your work schedule prior to working any overtime. Failure to obtain approval in advance of working overtime may result in disciplinary action.

Yes, if you are a non-exempt employee, you must report all hours worked including nights or weekends if they are outside of your normal work schedule and location. Employees should work with their supervisor to determine if Virginia Tech applications should be accessed when working outside of their normal work schedule.

If you are a non-exempt employee working from home, you must report all hours worked, regardless of where or when they are worked in relation to your “normal” workday.

If you and your supervisor agree to a flexible schedule, you can continue to work a flexible schedule upon mutual agreement between you and your supervisor. As a non-exempt employee, you must report all hours worked within a work week, and you will be paid accordingly.

No, non-exempt employees must be compensated for all hours actually worked.

No, the overtime requirement may not be waived under any circumstances due to federal guidelines.

To calculate hourly pay, divide the number of hours worked in a year (if full-time, 40 hours x 52 weeks a year = 2,080 work hours in a year) by your annual salary. 

Example: $45,000 divided by 2,080 = $21.63 per hour

If full-time, multiply your hourly rate by 80 (two weeks in a pay period x 40 hours in each workweek).

Example: $21.63 multipled by 80 = 1,730.40 per bi-weekly check

Non-exempt salary employees are paid in accordance with the university’s salary payroll schedule on a semi-monthly pay schedule (24 pay period per calendar year). Payroll schedules for salaried and wage employees are available on the payroll site.

You will not need to change your direct deposit information as part of this change. Any direct deposit authorizations you have set up will continue after your pay frequency changes.

No, if you are signed up to have money deducted from your check for a supplemental retirement account, these deductions will continue.  

No, you will continue to earn the same sick, annual, and compensatory accrual rates per your years of service. Leave accruals post in the leave system after each pay period on the 10^th and 25^th of each month.