Total Articles: 14
Education Labor Letter: A Primer on the "Salary Basis" for Schools.
Anyone who has ever undertaken the task of analyzing the applicability and implications of "white collar" exemptions under the federal Fair Labor Standards Act (FLSA) knows that it usually requires a multi-tiered, multi-page flow chart, not to mention a great deal of patience. But there is some good news for schools: the exemption analysis for teachers is less complicated because there is no requirement to the meet the "salary basis" test under the FLSA.
When Do Managers, Assistant Managers and Supervisors Qualify as Exempt.
We wish there were an easy and certain answer to the above question, but the reality is that court decisions in this area differ in both analysis and results even given similar factual scenarios. For some time now we have been talking about the huge increase in overtime cases and other actions being filed under the Fair Labor Standards Act (FLSA) and similar state wage and hour laws. No area of employment litigation has been more active recently than wage and hour litigation. In 2007 the steep increase in FLSA lawsuits filed continued as did payouts, collectively totaling over a billion dollars.
New administrative exemption — what's in and what's out
Nearly two years have passed since the DOL revised the regulations interpreting the
“white-collar” exemptions from the overtime provisions of the Fair Labor Standards Act
(FLSA). The regulations primarily focused on administrative, executive, and professional
employees. Based on the revised regulations, many companies tweaked their exempt
classifications.
Beware the Salary Basis Requirement for Exempt Employees (pdf).
Most employers know that an employee must
meet certain “duties” tests to qualify for the white
collar exemptions—executive, administrative and
professional. It is important not to overlook another
requirement for these exemptions: the employee must
be paid on a “salary basis.” This means that the employee
generally must receive the same fi xed amount of salary
regardless of the quantity or quality of work performed
in the workweek. The salary basis requirement can be
understood as a general rule with seven exceptions.
"White Collars" Do Not Guarantee Exempt Status (pdf).
Over the past nine months, Merrill Lynch, Morgan
Stanley and UBS have settled Fair Labor Standards Act
and state law overtime lawsuits for a combined total of
more than $160 million. Plaintiffs in the lawsuits claimed
that the companies’ stock brokers and financial advisors
were incorrectly classified as exempt “white collar”
employees and thus were due overtime pay. Copycat
suits have been filed against other brokerage companies,
including A.G. Edwards, Wachovia, Prudential, J.P.
Morgan Chase and Bear Stearns. Given the success
plaintiffs’ attorneys are having with these cases, more
lawsuits can be expected.
DOL Opinion Letters Provide Employers With Guidance (pdf).
In August of last year, the revised
federal regulations for the “white collar”
overtime pay exemptions under the
Fair Labor Standards Act (FLSA) took
effect. The final rule, which is now
commonly referred to as the “Part 541
regulations,” resulted in scores of employers
scrambling to ensure that their
exempt employees were properly classified.
More than one year later, employers
continue to seek clarification on the
new Part 541 regulations and other
common wage and hour issues.
DOL Issues Opinion Letter Rulings Addressing New White-Collar Exemption Regulations (pdf).
The U.S. Department of Labor (DOL) has issued
several new administrative letter rulings discussing the
recently revised Fair Labor Standards Act (FLSA)
white-collar exemption regulations that took effect
August 23, 2004. Several other letters address longstanding,
but often-confusing FLSA issues.
Making sense of the new wage and hour regulations (pdf)
The U.S. Department of Labor's (DOL) new "whitecollar" regulations went into effect
August 23, 2004. While the regulations are more of a cosmetic touch-up as opposed to an
extreme makeover, many of you have questions about their implementation and effect on your
full-time and part-time employees. We’re here to shed some light on some of the most frequently
asked questions regarding the new regulations.
Flsa White-Collar Exemption Regs In Effect; Legislative Amendments In Limbo (pdf).
As most employers now know, final regulations pertaining
to the Fair Labor Standards Act white-collar exemptions for
overtime eligibility went into effect on August 23, 2004.
New DOL Overtime Regulations: Are You Ready? (pdf).
On April 23, 2004, the Department of Labor ("DOL") issued its final version of the regulations governing which employees are entitled to overtime. These rules go into effect on August 23, 2004. There are some significant changes with regard to the overtime regulations covering executive, administrative, professional, outside sales, and computer employees, typically known as "white collar" employees.
Employers Must Comply With New Federal Wage Regulations.
The federal Department of Labor recently issued new regulations governing the so-called "white collar exemptions" under the Fair Labor Standards Act (FLSA). The regulations take effect August 23, 2004.
The Federal Department of Labor Issues New Regulations Governing Exempt Employees (pdf).
The DOL recently issued new regulations governing the so-called "white collar exemptions" under the FLSA.
Overtime Regulations: Employers Should be Ready to Comply by August 23, 2004 (pdf).
The House of Representatives voted 222 to 205 on Wednesday, May 12, to table a procedural motion by Rep. George Miller (D-CA), which could have resulted in a vote, preventing the implementation of the new overtime regulations.
Changes to "Exempt" Status May Be Effective Soon.
Employers may soon need to review the "exempt" and "non-exempt" classification of employees under the federal Fair Labor Standards Act (FLSA) to determine whether they are correctly paying them.
