As of December 1, 2016, the changes to the Fair Labor Standards Act (FLSA) overtime exemptions will go into effect. The main change facing employers is the salary level required for an employee to be considered exempt. Previously, the minimum salary required to meet the exemption requirements for most white-collar exemptions was $455 per week. This amount was not tied to any benchmark and had not changed in years. Starting December 1, this amount changes to $913 per week to qualify for most exemptions. This new amount represents the 40th percentile of full-time salaried workers in the lowest-paid census region and will be adjusted every 3 years to continue to stay at that percentile.
California wage and hour law is a convoluted landscape when it comes to determining when a prevailing employee or employer can recover attorneys’ fees and costs. Under California Labor Code Section 1194, an employee who wins a lawsuit against her employer for nonpayment of overtime compensation is entitled to recover reasonable attorneys’ fees.
In its new overtime regulations, the U.S. Department of Labor (DOL) has more than doubled its salary threshold for the Fair Labor Standards Act’s (FLSA’s) white-collar overtime exemptions. This causes a rare circumstance in which federal law provides employees with more protections than California law.
The U.S. Department of Labor (DOL) recently released a new rule that requires anyone who makes less than $47,476 annually to receive overtime pay. When a colleague suggested I consider this topic for my blog, I was reluctant. I’m not an expert on wage and hour issues. We have many people much more qualified than I to discuss the impact of the new rule. My second thought was that I don’t want to invite a DOL audit and all that comes with it. Yet here I am writing about it.
In yesterday’s Advisor, we looked at the first six sins commonly made by supervisors and managers. Today we’ll take a look at the rest.
Yesterday we looked at some of the ways to prepare for the new Department of Labor’s (DOL) final overtime regulations. Today, more ways to prepare for switching exempt employees to nonexempt.
With the release of the Department of Labor’s (DOL) final overtime regulations, employers and Human Resources (HR) professionals will not only be dealing with the dollars and cents of shifting numerous employees from the exempt to nonexempt categories under the Fair Labor Standards Act (FLSA) but also be tasked with bolstering employee morale and handling various emotions about the changes.