SD Board of Regents
306 East Capitol Ave
Suite 200
Pierre, SD 57501
605 773 3455

Fair Labor Standards Act

Fair Labor Standard Act (FLSA) - Congress enacted in 1938 the Fair Labor Standards Act to eradicate unfair labor practices, disputes, and conditions.   Since that time, the FLSA has been amended to include the Equal Pay Act, Portal-to-Portal Act, Child Labor, and many other changes.
Exempt Status - The Fair Labor Standards Act allows employers to exempt employees from federal and state overtime requirements. An employee is exempt if determined to be an executive, an administrative or professional employee, a computer specialist, or an outside sales representative, or other as defined by the Fair Labor Standards Act.   Any classification (Faculty, CSA, and NFE) may be exempt if the position meets the FLSA criteria.
Nonexempt Status - The Fair Labor Standards Act requires that all employees that are not exempt be entitled to overtime pay (compensatory time off - public employers) of at least one-and-one-half times (1 ½) his/her regular rate for hours worked in excess of 40 in any workweek.  
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