Human Resources / Payroll

Employer-Furnished Facilities: The reasonable cost of fair value of board,lodging, or other facilities customarily furnished by the employer for the employee's benefit may be considered part of wages.

Wages required by FLSA are due on the regular payday for the pay period covered.  Deductions made from wages for such items as cash or merchandise shortages, uniforms and tools, are not legal to the extent that they reduce the wages of employees below the minimum rate required by FLSA or reduce the amount of overtime pay due under FLSA.
 

Exemptions
Some employees are exempt from the overtime pay provisions or both the minimum wage and overtime pay provisions, such as 1) executive, 2) administrative, 3) professional employees (including teachers and academic administrative personnel in elementary and secondary schools), 4) outside sales employees, and 5) employees in certain computer-related occupations (as defined in Department of Labor regulations).

Exemptions are narrowly defined under FLSA; an employer should be careful.  The law assumes that all positions are nonexempt; the burden to prove exemption falls upon the employer.

At NDSU, most of these positions are considered to be exempt from (not covered) by the FLSA:
            1000 band (executive/administrative),
            2000 band (academic staff) and
            Some 3000 band (professional)
Most of these positions are considered to be nonexempt from (covered) by the FLSA:
            Some 3000 band (professional),
            4000 band (technical and paraprofessional),
            5000 band (office support),
            6000 band (crafts/trades) and
            7000 band (services)

Managing "Hours Worked" on Non-Exempt Employees

Child Labor Provisions
The FLSA  child labor provisions are designed to protect the educational opportunities of minors and prohibit their employment in jobs/conditions detrimental to their health or well-being.

Permissible jobs and hours of work, by age, are as follows:
(1) Youths 18 years or older may perform any job, whether hazardous or not, for unlimited hours;
(2) Youths 16 and 17 years old may perform any non hazardous job, for unlimited hours.

At NDSU, an employee must be at least 16 years of age to be hired into a temporary position, and at least 18 years of age to be hired into a regular position.
 

Terms Used in FLSA
Workweek -- A workweek is a period of 168 hours during seven consecutive 24-hour periods.  It may begin on any day of the week and at any hour of the day established by the employer (set by SBHE policy as 12:01 a.m. Sunday through 12 midnight Saturday).  At NDSU, for purposes of minimum wage and overtime payment each workweek stands alone; there can be no averaging of two or more workweeks.  Employee coverage, compliance with wage payment requirements, and the application of most exemptions are determined on a workweek basis.

 Hours Worked  -- Covered employees must be paid for all hours worked in a workweek.  In general, "hours worked" includes all time an employee must be on duty, or on the employer's premises or at any other prescribed place of work.  Also included is any additional time the employee is allowed (i.e., suffered or permitted) to work.