Blog

In order to qualify for one or more of the white collar exemptions to the overtime requirements under the Fair Labor Standards Act (FLSA), an employee must meet three tests: (1) the salary basis test (which asks how the employee is paid), (2) the salary level test (which establishes a minimum salary amount that employees must earn to be considered exempt), and (3) the primary duties test (which asks which kinds of job duties the employee performs). The new final regulations revising the minimum salary amount were published in the Federal Register on Monday, May 23, 2016. The new minimum salary level, which takes effect on December 1, 2016, is $913 a week or $47,476 annually.

The minimum salary threshold to qualify for the executive, administrative, and professional exemptions to the Fair Labor Standards Act (FLSA) will more than double on December 1, 2016, from $23,660 per year to $47,476 per year. This is the most notable—but not the only – change to the FLSA exemption requirements under the final Part 541regulations that the U.S. Department of Labor (DOL) released today. Another noteworthy provision in the final Part 541 rule is one to automatically adjust this salary amount every three years beginning on January 1, 2020.

The new minimum salary level for the executive, administrative, and professional employee exemptions under the Fair Labor Standards Act (FLSA) will be $913 per week, or $47,476 per year, under final regulations that will be released on Wednesday, May 18, 2016, by the U.S. Department of Labor (DOL). This new salary threshold—which will become effective on December 1, 2016—more than doubles the current minimum salary level of $455 per week, or $23,660 per year, and will have a dramatic impact on employers.

The U.S. Department of Labor’s (DOL) Wage and Hour Division delivered its proposed final revisions to the Fair Labor Standards Act’s (FLSA’s) Part 541 overtime regulations to the Office of Information and Regulatory Affairs (OIRA) of the Office of Management and Budget (OMB) two months ago. Reports have now emerged that the final overtime rule will be released to the public on Wednesday, May 18, 2016.

On July 15, 2015, the U.S. Department of Labor (DOL) issued an “Administrator’s Interpretation” (AI 2015-1) providing guidance on whether workers are employees or independent contractors under the Fair Labor Standards Act (FLSA). The Wage and Hour Division of the Department of Labor ceased issuing opinion letters in 2009 at the beginning of President Obama’s administration. In place of opinion letters, the Wage and Hour Division occasionally issues administrative interpretations designed to provide meaningful and comprehensive guidance to both employers and employees. AI 2015-1 makes it clear that the Department of Labor contends too many workers are misclassified as independent contractors throughout the country.

In this, our final post in this blog series on wage and hour issues in the 21st century, we address another frequent area of concern for employers: exempt employees. Smartphones and electronic remote access are creating new problems for employers when it comes to exempt employees. Under the Fair Labor Standards…..

Telecommuting has become a popular work option for several employers in the recent past. Reasons that employers and employees may consider telecommuting as an option include: increase in flexibility of hours worked, more working families, increase in gas prices, sluggish economy, and alternative to employee layoffs. Telecommuting employees often work from home…..

Along with the ubiquitous nature of smart phones, employers are increasingly using GPS technology to track company vehicles to determine if employees working on remote job sites are where they are supposed to be and to locate missing vehicles and/or employees. While most employers tout the enhanced safety that GPS…..

Have you considered the wage and hour challenges facing employers in the new electronic communication age? If you have, you may have only considered half of the challenge. Have you considered the records that now exist illustrating access and use of electronic communication devices by your employees? If you are handing…..

In this, our fifth post in this series discussion on wage and hour issues in the 21st century, we address one of the latest and greatest threats to employers in the Fair Labor Standards Act (FLSA) arena: meal breaks. Although meal break litigation is not new, some of the legal…..

The Wage and Hour Division of the U.S. Department of Labor (DOL) has made several changes worth noting in the past 18 months that have the potential to impact employers. The Obama Administration has made more monetary resources available to the Wage and Hour Division to enforce the provisions of the…..

In this post—our third in a series on wage-and-hour issues in the 21st Century—we focus on the tools of the trade, so to speak. It is important to understand what counts as “hours worked” and what may or may not count, to ensure that all compensable time is being recorded…..

In this, the second post in our series on hot topics in the wage-and-hour arena, we focus on some of the off-the-clock pitfalls that face employers. Off-the-clock issues are particularly challenging given the new way that companies conduct business in the 21st Century—via email, checking voice mails, and working remotely…..

A Discussion on Determining Hours Worked and Avoiding Off-The-Clock Violations in The World Of Smart Phones And Telecommuters  Technological advancements and flexible workplace arrangements have drastically increased the potential exposure to employers for off-the-clock work performed by non‑exempt employees.  With the number of lawsuits involving technology-related off-the-clock work claims on the…..