final rule on fair labor standards act (flsa) overtime...

Department of Natural Resources

Final Rule on Fair Labor Standards Act (FLSA)

Overtime Regulations

Coastal Resources Environmental Protection Historic Preservation Law Enforcement Parks, Recreation Wildlife Resources

and Historic Sites


This presentation provides a brief overview of the Fair Labor Standards Act, DNR guidance and the key provisions of the Final Rule on the FLSA

OT Regulations


• The Fair Labor Standards Act (FLSA) enacted in 1938 sets nationwide labor standards for employers

o Established the national minimum wage

o Established overtime for work over maximum hours

o Prohibited child labor

o Established exemptions

FLSA Overview


• Requires employers to pay at least the federal minimum wage for all hours worked.

• The federal minimum wage for employees covered by the FLSA is $7.25/hour.

FLSA – Minimum Wage


• Establishes the 40 hour workweek.

• Requires payment of 1.5 times the regular rate for hours worked

over 40.

• Allows government agencies to award compensatory time off in lieu

of cash Overtime at a rate of 1.5 times for each hour worked over 40.

• Compensatory time in lieu of cash OT must be agreed upon/understood by the employee. (See the Understanding Concerning Work Time and FLSA – Attachment 2, DNR HR SOP501.

FLSA – Overtime/Compensatory Time


• Exempt:

Position does not require OT pay under the law.

Those who get a fixed amount regardless of the number of hours they work.

Duties/responsibilities and salary determine if the job is exempt.

There are various exemptions including ‘white collar’ exemptions forAdministrative, Executive, Professional and Computer employees.

DNR awards Exempt employees Georgia Compensatory time at a rate of 1 Xregular hourly rate for every hour worked over 40. Awarding of Georgia CT isthe agency practice but not required by the law.

Exempt Positions


• Nonexempt:

Position requires OT pay.

Overtime is awarded at the rate of 1.5 X the regular rate for time workedover the established FLSA maximum limits for assigned work period.

State government may issue FLSA compensatory time in lieu of cash overtime under the FLSA.

Nonexempt Positions


• To be classified as Exempt from overtime a position must pass threetests:

Be paid on a salary basis

Meet a salary threshold of at least $23,660/year. (the Salarythreshold changes 1/1/2020 to $35,568/year)

Meet one of the duties test established for white collar workers.

‘White Collar’ Exemptions under FLSA


• HR Standard Operating Procedure 501, Work Period, Work Time, Overtime and Compensatory Time.

• HR Standard Operating Procedure 502, Timekeeping

• FLSA Notice posted on the intranet and on bulletin boards throughout the agency. http://dnrnet.dnr.state.ga.us/official_bulletin_board

DNR FLSA Guidance to Employees


The intent of the overtime rule change was to put more money in thepockets of middle class workers by increasing the number of nonexemptworkers (those eligible for overtime).

Some workers will be reclassified as a result of the final rule and will movefrom exempt status to nonexempt status effective 1/1/2020.

Sets the standard salary threshold $35,568 annually. This means thateffective 1/1/2020 an employee’s salary must be at least $35,568/year forthe position to be exempt under the white collar exemptions.

Increases the total annual compensation required to exempt highlycompensated employees (HCEs) to $107,432 annually.

New Rule on Overtime Regulations:


Questions:

Questions may be directed to a supervisor, the division HRRepresentative, or the Office of Human Resources. Please taketime to review the Final FLSA Overtime Regulations,Frequently Asked Questions on the DNR intranet athttp://dnrnet.dnr.state.ga.us/OT_Regulation

Also see the Frequently asked questions located on the intranethttps://dnrintranet.org/hr/OT_Regulation

https://dnrintranet.org/hr/OT_Regulation

final rule on fair labor standards act (flsa) overtime...

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