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New FLSA White-Collar Overtime Exemption Rules Are Coming...Maybe Sooner Than You Think!

by Martin Salcedo, Esq. - The Human Equation on 4/14/2016
clock depicting overtime

It’s been over two years since President Obama directed the Department of Labor (DOL) to update the ‘white-collar’ overtime exemption regulations under Fair Labor Standards Act, including the executive, administrative and professional exemptions. It’s been nearly a year since the public was first given an opportunity to see and comment on the DOL’s proposed revisions. (The DOL received 293,389 comments.) Now, it seems we are one (huge) step closer to new white-collar overtime exemption rules becoming a reality.

On March 14, 2016, the DOL’s final version of the revised overtime exemption regulations was submitted to the White House's Office of Management and Budget (OMB) for review. Once the OMB completes its review, the final regulations will be published. After that, it’s just a matter of time.

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Categories: 2016

Millions of White Collar Employees Could Lose FLSA Overtime Exemption

by Martin Salcedo, Esq. - The Human Equation on 8/18/2015
FLSA-Overtime-Exemption-Fair-Labor-white-collar

In March 2014, President Obama directed the Secretary of Labor to “modernize and streamline” the Fair Labor Standards Act’s overtime exemption regulations governing executive, administrative and professional employees. On July 6, 2015, the Department of Labor (DOL) published its proposed regulatory changes to these so-called ‘white collar’ overtime exemptions, and despite their significance, they are quite simple.

The DOL essentially proposed three general changes to the white collar overtime exemptions.

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Categories: 2015, Human Resources

Is Overtime Pay Required for Managers?

by Martin Salcedo, Esq. - The Human Equation on 9/17/2012

Employers who rely on job titles when determining whether an employee is exempt from federal overtime pay requirements risk being named as defendant in a wage and hour lawsuit.

Employers often assume that the Fair Labor Standards Act’s (FLSA’s) executive exemption automatically applies to any employee given the title of “manager.” The reality, however, is that the manager title has virtually nothing to do with whether an employee qualifies for the executive exemption. More...

Paying Employees for Travel Time

by Martin Salcedo, Esq. - The Human Equation on 1/6/2012

Under the Fair Labor Standards Act (FLSA), employers are required to pay employees the appropriate minimum wage and overtime rate for every compensable hour worked. Determining the number of hours worked by an employee is ordinarily a routine matter. However, when travel time is involved, employers must understand that the FLSA treats different types of travel, well, differently. More...

Executive Exemption to Overtime Pay Requirement

by The Human Equation, Inc. on 10/16/2008

We recently hired a full-time employee to assist our warehouse manager, who earns a salary of $500 per week, supervises and directs the assistant's work, and has the authority to report on the assistant's performance to management. More...

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Categories: 2008

Calculating Overtime Pay When Holiday Pay is Included

by The Human Equation, Inc. on 4/15/2008

During a recent pay period, a non-exempt employee, because she worked on a paid holiday within that workweek, became entitled to 40 hours of regular pay plus eight hours of holiday pay. More...

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Categories: 2008

DOL Official Predicts Hill Democrats Will Not Succeed in Blocking Overtime Rules

by Department of Labor on 12/31/2003

NEW YORK--"It's going to be a long, hot summer," Assistant Secretary of Labor Victoria A. Lipnic said May 20, referring to ongoing efforts by some lawmakers to block parts of revised Labor Department regulations determining which workers are entitled to overtime pay. More...

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Categories: 2004

The Human Equation's newsletters and publications are intended as an information source for the clients and friends of the firm. Their content should not be construed as legal advice, and readers should not act upon the information in these publications without professional guidance. Please note that newsletters and publications that are archived by The Human Equation are not updated after initial publication and may not contain the most current information available.

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