Fair Labor Standards Act (FLSA)


Indicates eligibility for overtime. For more information on FLSA policies, refer to HR Administration's Web site at: http://www.calstate.edu/HRAdm/Policies/flsa.shtml.


 

FLSA definition as of 10/1/2004

FLSA Code

Definition

N

Non-exempt

Indicates classifications or skill levels that are considered non-exempt under the FLSA "White Collar" Standard Duties tests only.

E

Exempt:

Indicates classifications or skill levels that are considered exempt under FLSA "White Collar" Standard Duties tests only. Does not reflect impact of the Salary-Related tests applied to an employee in that classification.

O

Other Exemptions:

Indicates the CSU classifications that qualify for the FLSA agricultural exemption.

FLSA definition from 4/1/1994 to 9/30/2004 *

FLSA Code

Definition

N

Non-exempt:

Indicates classifications or skill levels that are considered non-exempt under the FLSA.

E

Exempt:

Indicates classifications or skill levels that are considered exempt under FLSA.

O

Other Exemptions:

Certain classifications of agricultural workers and firefighters in the California State University are classified as "exempt", but are subject to special provisions of the FLSA due to the nature of the work performed.

*Refer to HR 97-17, supplements and appropriate MOU for additional information.

FLSA definition from 4/13/1986 to 3/31/1994
Prior to 4/1/1994 the field FLSA was called WWG (Work Week Group)

FLSA Code

Definition

1N

Non-exempt

Classes and positions in The California State University which are non-exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and which have a minimum work week of 40 hours, i.e., seven consecutive 24-hour periods or 168 consecutive hours.  Authorized work in excess of the minimum work week is compensable by cash or compensatory time on a one and one-half (1 ½) time basis.  Compensatory time accumulated in excess of 480 hours for public safety officer classes and 240 hours for all other non-exempt classes must be paid in cash in the pay period in which earned.  For Collective Bargaining Units 2, 5, 7 and 9 and CSU Confidential designated classes, compensatory time accumulated in excess of 120 hours at the close of the calendar year must be paid for in cash by February 1st.  Paid leave will be counted as time worked in determining overtime hours worked under the FLSA.  If an employee in a 10-Month class in Collective Bargaining Unit 4 is required to serve in excess of 10 months during any 12-Month period, the employee shall be paid for such service at the monthly rate of 1/10 of the annual salary.

4AE

Exempt:

Classes and positions in The California State University which are exempt from the overtime provision of the Fair Labor Standards Act and which have a minimum work week of 40 hours. Authorized work in excess of the minimum work week is compensable as overtime in accordance with applicable CSU policy.  Overtime of at least one hour at any one time is compensable by compensating time off on a straight-time basis.  Overtime should be credited on an hourly basis with a full hour credit to be granted if half or more of the hour is worked.  Smaller fractional units will not be accumulated.  Paid leave will be counted as time worked in determining overtime hours worked.  When compensating time off is not practicable, the President or designated representative, at his or her discretion, may authorize cash compensation in accordance with the guidelines for approving cash compensation for employees in this work week group (see FSA 77-10).  For Collective Bargaining Units 2, 5, 7 and 9 and CSU Confidential designated classes, compensatory time accumulated in excess of 120 hours at the close of the calendar year must be paid for in cash by February 1st.

4BE

Exempt:

Classes and positions in The California State University which are exempt from the overtime provision of the Fair Labor Standards Act and which have a work week consisting of a minimum average of 40 hours a week during any twelve consecutive pay periods, but no specified maximum number of hours per day.; Overtime does not accrue for work performed on a normal work day.; Subject to the provisions of call-back time, ordered work on a normal day off is compensable by compensating time off on an hour-for-hour basis not to exceed eight hours. Cash payment for ordered work on a normal day off is not permitted except upon authorization by the Chancellor prior to the time the work is performed.

4CE

Exempt:

Classes and positions in The California State University which are exempt from the overtime provisions of the Fair Labor Standards Act and which have a minimum average work week of 40 hours.  The regular rate of pay is full compensation for all time that is required of the employee to perform the assigned duties of his or her position. Except as otherwise provided in Government Code Section 19853, authorized work in excess of the minimum average work week is not compensable, and shall not be deemed overtime for which compensating time off is provided within the meaning of Government Code Section 19839. If an employee in this work week group is not required by the appointing power to work a normal workday or part thereof, the employee nevertheless shall receive the regular rate of pay without deduction if the absence does not reduce the average work week below 40 hours within the 12 pay periods ending with the pay period in which the absence occurred. (FSA 73-92 contains restrictions on the accumulation of excess time for use at a later date.)

4CN

Non-exempt:

Classes and positions in The California State University which are non-exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and which have a work week of 40 hours, i.e., seven consecutive 24-hour periods of 168 consecutive hours.  Authorized work in excess of the minimum work week is compensable by cash or compensatory time on a one and one-half (1 ½) time basis.  Compensatory time accumulated in excess of 240 hours must be paid for in cash in the pay period in which earned.  In determining overtime hours worked under the FLSA, only time actually worked, exclusive of all leave time and non-work time, regardless of pay status, will be included.

4C4E

Exempt:

Classes and positions in The California State University which are exempt from the overtime provisions of the Fair Labor Standards Act and which have a minimum average work week of 40 hours per week during any 6 consecutive pay periods.  Authorized work in excess of the minimum average work week is not compensable in cash or compensating time off (CTO).  If an employee in a 10-Month class is required to serve in excess of 10 months during any 12-month period, the employee shall be paid for such service at the monthly rate of 1/10 of the annual salary.

4D7E

Exempt:

Classes and positions in The California State University which are exempt from the overtime provisions of the Fair Labor Standards Act, for which the work week shall not be less than the assignment each week for work covering regular session assignments during the academic year as determined by the campus for each position.  The regular rate of pay is full compensation for all time that is required of the employee to perform the assigned duties of his or her position. Except as otherwise provided in Government Code Section 19853, authorized work in excess of the minimum average work week is not compensable and shall not be considered overtime for which compensating time off is provided within the meaning of Government Code Section 19859.

4D2E

Exempt:

Classes and positions in The California State University which are exempt from the overtime provisions of the Fair Labor Standards Act and which have a minimum average work week of 40 hours for a period of any ten consecutive pay periods as determined by the campus for each position.  Except as otherwise provided in Government Code Section 19853, authorized work in excess of the minimum average work week is not compensable, and shall not be deemed overtime for which compensating time off is provided within the meaning of Government Code Section 19839.  The regular rate of pay is full compensation for all time that is required of the employee to perform the assigned duties of his or her position. If an employee is required to serve in excess of 10 months during any 12-month period, the employee shall be paid for such excess service at the monthly rate of 1/10 of the annual salary.

4D14

Classes and positions in The California State University which are excluded from the overtime provisions of the Fair Labor Standards Act, with a duty week, including work, standby, and/or on-call time not to exceed an average 72 hours per week for any monthly pay period.  Ordered duty in excess of 312 hours in a monthly pay period is compensable by cash or compensating time off on a 1 ½ hour time basis.  The hourly rate for premium overtime is calculated by multiplying the monthly salary rate by 1.5 and dividing by 312 hours.

FLSA definition prior to 4/13/1986

FLSA Code

Definition

1

Classes and positions in The California State University with a minimum work week of 40 hours. Authorized work in excess of the minimum work week is compensable by cash or compensating time off on a 1 ½-time basis (refer to applicable California State University policy).

4A

Classes and positions in The California State University with a minimum work week of 40 hours. Authorized work in excess of the minimum work week is compensable as overtime in accordance with applicable California State University policy.  Overtime of at least one hour at any one time is compensable by compensating time off on a straight time basis.  (Overtime should be credited on an hourly basis with a full hour credit to be granted if half or more of the hour is worked.  Smaller fractional units will not be accumulated.)

4B

Classes and positions in The California State University with a work week consisting of a minimum average of 40 hours a week during any twelve consecutive pay periods, but no specified maximum number of hours per day.  Overtime does not accrue for work performed on a normal work day.  Subject to the provisions of call-back time, ordered work on a normal day off is compensable by compensating time off on an hour-for-hour basis not to exceed eight hours.  Cash payment for ordered work on a normal day off is not permitted except upon authorization by the Chancellor prior to the time the work is performed.

4C

Classes and positions in The California State University with a minimum average work week of 40 hours.  The regular rate of pay is full compensation for all time that is required of the employee to perform the assigned duties of his or her position.  Except as otherwise provided in Government Code Section 19853, authorized work in excess of the minimum average work week is not compensable, and shall not ve deemed overtime for which compensating time off is provided within the meaning of Government Code Section 19839.  If an employee in this subgroup is not required by the appointing power to work a normal workday or part thereof, the employee nevertheless shall receive the regular rate of pay without deduction if the absence does not reduce the average work week below 40 hours within the 12 pay periods ending with the pay period in which the absence occurred.  (FSA 73-92 contains restrictions on the accumulation of excess time for use at a later date.)>

4C4

Classes and positions in The California State University with a minimum average work week of 40 hours per week during a pay period.  Authorized work in excess of the minimum average work week is not compensable in cash or compensating time off (CTO).  If an employee in a 10-month class is required to serve in excess of 10 months during any 12-month period, the employee shall be paid for such service at the monthly rate of 1/10 of the annual salary.

4D6

Classes and positions in The California State University in the 24-hour infirmary at CPSU, San Luis Obispo with a minimum average work week of 40 hours.  The regular rate of pay is full compensation for all time that is required of the employee to perform the assigned duties of his or her position, with the exception that employees in classes and positions in this group shall receive, in addition to the regular rate of pay, a specified amount for overtime and on-call shifts.  Except as otherwise provided in Government Code Section 19853, the regular rate of pay plus the additional compensation provided for extra shifts shall be considered compensation for all hours required to be worked.

4D7

Classes and positions in The California State University for which the work week shall not be less than the assignment each week for work covering regular session assignments during the academic year as determined by the campus for each position.  The regular rate of pay is full compensation for all time that is required of the employee to perform the assigned duties of his or her position.  Except as otherwise provided in Government Code Section 19853, authorized work in excess of the minimum average work week is not compensable and shall not be considered overtime for which compensating time off is provided within the meaning of Government Code Section 19839.

4D11

Classes and positions in The California State University in the 24-hour infirmary at CPSU, San Luis Obispo with a minimum average work week of 40 hours for a period of any ten consecutive pay periods as determined by the campus for each position.  The regular rate of pay is full compensation for all time that is required of the employee to perform the assigned duties of his or her position, with the exception that employees in classes and positions in this group shall receive, in addition to the regular rate of pay, a specified amount for overtime and on-call shifts.  Except as otherwise provided in Government Code Section 19853, the regular rate of pay plus the additional compensation provided for extra shifts shall be considered complete compensation for all hours required to be worked.  If an employee is required to serve in excess of 10 months during any 12-month period, the employee shall be paid for such excess service at the monthly rate of 1/10 of the annual salary and shall receive a specified amount for overtime and on-call shifts for any extra shifts worked during the excess service period.

4D12

Classes and positions in The California State University with a minimum average work week of 40 hours for a period of any ten consecutive pay periods as determined by the campus for each position.  Except as otherwise provided in Government Code Section 19853, authorized work in excess of the minimum average work week is not compensable, and shall not be deemed overtime for which compensating time off is provided within the meaning of Government Code Section 19839.  The regular rate of pay is full compensation for all time that is required of the employee to perform the assigned duties of his or her position.  If an employee is required to serve in excess of 10 months during any 12-month period, the employee shall be paid for such excess service at the monthly rate of 1/10 of the annual salary.

4D14

Classes and positions in The California State University with duty week, including work, standby, and/or on-call time not to exceed an average 72 hours per week for any monthly pay period.  Ordered duty in excess of 312 hours in a monthly pay period is compensable by cash or compensating time off on a 1 ½ time basis. The hourly rate for premium overtime is calculated by multiplying the monthly salary rate by 1.5 and dividing by 312 hours.


 
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Last updated: May 10th, 2005