The FLSA Rules feature in First Due enables administrators to automate Fair Labor Standards Act compliance by establishing custom overtime calculation rules that align with your department's work agreements and pay policies. This feature automatically identifies when employees exceed designated hour thresholds within defined FLSA cycles and exports those hours under the appropriate work type classification for accurate payroll processing. By automating FLSA tracking, departments reduce manual calculation errors, ensure consistent application of overtime rules across all qualified personnel, and maintain compliance with federal labor regulations and local collective bargaining agreements.
Background Information
The Fair Labor Standards Act (FLSA) establishes federal requirements for overtime compensation, but fire and EMS departments often operate under specialized work cycle agreements (such as 7(k) exemptions) that differ from standard 40-hour workweeks. First Due's FLSA Rules feature accommodates these unique requirements by allowing administrators to define custom work cycles (ranging from single days to 28-day periods), set specific hour thresholds that trigger overtime, and apply rules selectively based on employee qualifiers like division, shift assignment, or position.
Common Use Cases:
Implementing 212-hour thresholds for 28-day FLSA cycles under Section 7(k)
Tracking daily overtime for administrative staff on standard 8-hour schedules
Managing multiple rule sets for different labor agreements within the same department
Excluding specific time-off types from overtime calculations per contract requirements
Generating accurate export data for payroll systems
Prerequisites:
Active FLSA Rules module in your First Due subscription
Understanding of your department's FLSA work cycle agreements
Knowledge of which work types should be used for overtime export classification
Defined employee qualifiers (divisions, districts, shifts, positions) in your system
Configured work types and time-off types in Personnel Management
Required Permissions
To create, edit, or delete FLSA Rules, users must have:
Access Scheduling
Access Setup
Video
Step-by-Step Guide
Step 1: Navigate to FLSA Rules Configuration
From the main navigation menu, click on Scheduling
Select Setup from the Scheduling submenu
Click on FLSA Rules in the setup options
Step 2: Initiate New Rule Creation
Click the Add Rule button to open the FLSA rule configuration form
Step 3: Configure Basic Rule Parameters
Enter a descriptive Name for the rule (e.g., "28-Day Cycle - Firefighter Overtime" or "Daily OT - Administrative Staff")
In the If an employee works over field, enter the hour threshold that triggers overtime calculation (e.g., 212 hours for a 28-day cycle, or 8 hours for a daily cycle)
Step 4: Define FLSA Cycle Parameters
Set the FLSA Cycle Length by entering the number of days in the cycle (e.g., 28 for a standard fire department cycle, 7 for weekly, or 1 for daily overtime tracking)
Select the Start Date for the FLSA cycle to establish when the counting period begins
Step 5: Specify Export Classification
In the Export as dropdown, select the work type that overtime hours should be classified as for payroll export (e.g., "Overtime," "Double Time," "FLSA Overtime")
This classification determines how the hours appear in payroll reports and exports
Step 6: Apply Employee Qualifiers
In the For all employees with the qualifier of section, select which employee qualifier categories this rule applies to (options may include specific employment types, certification levels, or custom qualifiers defined in your system)
This ensures the rule only applies to employees meeting specific criteria
Step 7: Define Organizational Filters
In the For all employees with section, add specific organizational parameters:
Divisions: Select which organizational divisions the rule applies to
Districts: Choose applicable geographic or operational districts
Shifts: Specify which shift assignments are included
Positions: Designate which job positions qualify for this rule
You can select multiple values in each category or leave categories empty to apply the rule department-wide
Step 8: Configure Work Type Filters
In the Filter by work type section, choose whether the rule applies to:
All work types (tracks all scheduled and worked hours)
Specific work types only (e.g., only "Regular Hours," excluding "Training" or "Administrative Time")
Step 9: Set Time Off Inclusion Preferences
In the Include time off type section, specify whether certain time-off classifications should count toward the FLSA hour threshold:
Select specific time-off types to include (e.g., "Sick Leave," "Vacation," "Holiday Pay")
Leave unselected if time-off should not count toward overtime thresholds
This setting depends on your department's collective bargaining agreement or policy manual requirements
Step 10: Save the FLSA Rule
Review all configured parameters for accuracy
Click Save to activate the rule
The rule will now automatically apply to qualifying employees during the defined FLSA cycles
Managing Existing Rules:
Default a rule: Click the star to default the rule
Edit a rule: Click the pencil icon next to any existing rule to modify its parameters
Delete a rule: Click the trashcan icon next to any rule to permanently remove it (use caution, as this action cannot be undone)
Best Practices
Rule Configuration Best Practices:
Use clear, descriptive rule names that identify both the cycle type and affected employee group (e.g., "28-Day Suppression Overtime" rather than "OT Rule 1")
Test new rules with a small group of employees before applying department-wide to verify correct calculation behavior
Document the business logic behind each rule in a separate reference file for future administrators
Review FLSA rules quarterly to ensure they remain aligned with current collective bargaining agreements
Create separate rules for distinctly different employee groups rather than trying to accommodate all scenarios in a single rule
Cycle Configuration Best Practices:
Align FLSA cycle start dates with your department's established pay period calendar
For 28-day cycles, confirm the start date matches the official 7(k) cycle date recognized in your labor agreement
Verify that cycle lengths match payroll processing schedules to ensure accurate export timing
Consider creating parallel rules with different cycle lengths if your department has multiple labor agreements
Qualifier and Filter Best Practices:
Be as specific as possible with organizational filters to prevent unintended rule application
Document which positions or shifts are covered under each labor agreement
Use qualifier categories consistently across all FLSA rules to prevent overlapping or conflicting calculations
Regularly audit employee assignments to ensure they remain in the correct divisions, shifts, and positions for proper rule application
Time-Off Inclusion Best Practices:
Always verify time-off inclusion settings against your collective bargaining agreement language
Document which time-off types are included in FLSA calculations and why
Be aware that including time-off types may result in employees reaching overtime thresholds without actually working additional hours
Consider the impact of long-term leave (e.g., extended sick leave or light duty) on FLSA calculations
Common Mistakes to Avoid:
Setting hour thresholds without accounting for scheduled shift length (e.g., using 40 hours for personnel working 24-hour shifts)
Failing to exclude non-overtime-eligible work types like training or administrative assignments when required by policy
Creating overlapping rules that apply to the same employee groups, resulting in duplicate overtime calculations
Not coordinating FLSA rule changes with payroll staff before implementation
Deleting rules without first verifying there are no pending payroll exports that rely on them
Troubleshooting & Q/A
Issue: FLSA rule is not calculating overtime for qualifying employees
Solution: Verify the following:
The employee's profile includes the correct division, district, shift, or position specified in the rule filters
The employee has the qualifiers selected in the "For all employees with the qualifier of" section
The FLSA cycle dates encompass the time period you're examining
The hour threshold has actually been exceeded within the current cycle
The work types being tracked are not excluded in the "Filter by work type" setting
Issue: Employees are receiving overtime calculations when they shouldn't
Solution: Check these potential causes:
Multiple FLSA rules may be applying to the same employee group—review all active rules for conflicts
Time-off types may be included in calculations when they should be excluded per your agreement
The organizational filters (division, shift, position) may be too broad, capturing unintended employee groups
The hour threshold may be set incorrectly for the cycle length (e.g., using a 40-hour threshold with a 28-day cycle)
Issue: FLSA overtime is exporting under the wrong work type classification
Solution: Edit the affected rule and verify the "Export as" field is set to the correct work type that matches your payroll system's overtime classification requirements.
Issue: Changes to FLSA rules aren't affecting past pay periods
Solution: FLSA rule changes typically apply prospectively from the date of modification. If you need to recalculate past periods, you may need to manually adjust those records or contact First Due support for assistance with retroactive calculations.
Q: Can I have multiple FLSA rules active at the same time?
A: Yes, you can create multiple FLSA rules to accommodate different employee groups, work agreements, or overtime scenarios. However, ensure that rules don't overlap in ways that would cause the same hours to be counted for overtime calculation multiple times.
Q: What happens if an employee transfers to a different shift or division mid-cycle?
A: The employee will begin following the FLSA rules applicable to their new assignment based on the organizational filters. Hours worked in the previous assignment will continue to count toward that assignment's FLSA cycle until the cycle completes, unless your system is configured otherwise. Consult with your system administrator for your department's specific handling of mid-cycle transfers.
Q: How do I handle employees who work under multiple FLSA agreements?
A: Create separate FLSA rules for each agreement, using organizational filters to distinguish between the different work scenarios. For example, create one rule for suppression personnel on 28-day cycles and a separate rule for administrative staff on standard workweeks.
Q: Will FLSA rules automatically update when I change an employee's shift or position?
A: Yes, FLSA rule application is dynamic and based on the employee's current organizational assignments. When you change an employee's shift, position, division, or district, they will automatically fall under the applicable FLSA rules for their new assignment.
Q: Can I exclude specific events or work types from FLSA calculations?
A: Yes, use the "Filter by work type" option to specify which work types should be included in or excluded from FLSA hour calculations. This allows you to exclude training, administrative time, or other work categories that may not count toward overtime thresholds per your agreement.
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