806  Compliance with the Fair Labor Standards Act and Employment of Minors

Approved by President
Effective Date: June 5, 2017
Responsible Division: Business and Finance
Responsible Office:  Human Resource Services
Responsible Officer:  Assistant Vice President, Human Resource Services

I. Purpose

The Fair Labor Standards Act of 1938, as amended (Act or FLSA), is the basis for standards for minimum wages, overtime compensation, equal pay, child labor, and certain mandatory record keeping. 29 U.S.C. 201, et seq.; 29 CFR 29 CFR §§ 500.0 et. seq. This policy establishes Middle Tennessee State University’s (MTSU or University) compliance with the federal law.

II. Applicability

Persons employed in bona fide executive, administrative, or professional positions are exempt from the provisions of this policy. Persons employed in classified, hourly, and student positions, with the exception of persons employed as farm workers, are covered by this policy and are categorized as non-exempt. The Office of Human Resource Services is responsible for making the exempt or non-exempt determination of employees according to provisions of the Act. Questions concerning the FLSA status of employees should be referred to the Office of Human Resource Services. Similarly, any changes which affect the FLSA exempt or non-exempt status of an employee should be reported to the Office of Human Resource Services.   

III. Wage and Hour Policy Requirements

A.  Minimum wage. The minimum wage for University employees covered by the Fair Labor Standards Act is currently $7.25 per hour.

B.  Record keeping. After payment is made from time records which have been certified as correct by department heads, Human Resource Services will maintain those records for the periods necessary for compliance with the Act and applicable state regulations.

C.  Overtime work and payment for classified employees. Policy 802 Hours of Work specifies the definitions, policies, and procedures for overtime work and payment in accordance with the Act.

D.  Overtime work and payment for student and hourly employees. The Act requires that hours worked over forty (40) in a workweek be paid at one and one-half (1½) times the regular hourly rate of pay.

IV. Child Labor Provisions

The FLSA contains provisions relating especially to child labor. They are summarized as follows:

A.  No person under the age of sixteen (16) may be employed by MTSU.

B.  Minors who are sixteen (16) or seventeen (17) may be employed only under conditions prescribed below:

1.  This employment must not interfere with the minor’s health or well-being.

2.  If the minor is enrolled in school, this employment may not be during those hours when the minor is required to attend class.

3.  A minor must have a thirty (30)-minute unpaid break or meal period if scheduled to work six (6) hours consecutively. However, this break or meal period may not occur during or before the first hour of scheduled work activity.

4.  Minors are prohibited from performing the jobs which are deemed hazardous to the extent limited by law. For additional information, see the NASAFACS website

C.  The provisions of this policy shall not apply to any minor who is sixteen (16) or seventeen (17) years of age and not enrolled in school, or who is lawfully excused from compulsory school attendance under T.C.A. § 49-6-3005. Copies of documents to support this exception must be in the minor’s personnel record maintained by Human Resource Services.

Before any minor shall be employed, MTSU shall obtain from the minor a verification of age by requiring the minor to provide a copy of the minor’s birth certificate or other available evidence such as a baptismal certificate or passport. A valid verification of age shall be conclusive evidence of the age of the minor to whom it is issued. The Verification of Age form, with a copy of the supporting document, must be completed and provided to Human Resource Services prior to the start of employment.

D.  Under certain official University programs designed to attract students at an early age to the health sciences or other fields, individuals under the age of sixteen (16) may be employed in those educational programs, on a semester or summer basis, with written approval of the President or designee. All prohibited activities specified in the FLSA and those requirements of the State of Tennessee Child Labor Law must be observed.

Forms:

Verification of Age Form

Revisions: none.

References: Fair Labor Standards Act of 1938, 29 U.S.C. 201, et seq.; 29 CFR §§ 500.0 et. seq.; Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et. seq.; 29 C.F.R. §§ 825.100 et. seq.; T.C.A. § 49-6-3005; Policy 802 Hours of Work; State of Tennessee Child Labor Law.