Background: On December 1 2016, the Fair Labor Standards Act (FLSA) will be updated by the U.S. Department of Labor. The key changes are an increase in the salary threshold for exemption from overtime for working more than 40 hours per week, and indexing the salary level so that it is updated automatically every 3 years. This update is predicted to have a profound effect on the academic enterprise as a large proportion of the postdoctoral researcher population is currently paid at a salary below the new threshold for exemption. Here we review the key changes to the FLSA, how they came about, and how the postdoctoral population is affected by the ruling. Methods: We describe recent data collection efforts (checking university websites and contacting HR departments) to uncover what institutions in the 2014 NSF Survey of Graduate Students and Postdoctorates in Science and Engineering are doing to comply with the FLSA ruling for postdocs. Results: Our data show that 41% of the estimated postdoctoral workforce in STEM and 57% of institutions checked have not decided or have no public decision yet available one month prior to implementation, and only 35.5% of institutions are planning to raise salaries to the new minimum. Conclusions: Our data show the uncertainty of postdoc salaries in the U.S. one month prior to implementation of the FLSA ruling. This implementation also gives rise to various issues that have arisen in an already strained research enterprise, including short-, medium- and long-term effects on academe.
Monitoring the compliance of the academic enterprise with the Fair Labor Standards Act