Two recent USDOL opinion letters examine the contours of the FLSA's “outside salesman” exemption, providing helpful information to employers regarding an exemption that may appear simple and straightforward at first glance.
Some might find U.S. Labor Department "Fact Sheets" to be useful summaries or overviews in evaluating exemption status, but these materials are not themselves the definitions of exempt status under the FLSA's Section 13(a)(1).
Overlooking or permitting substandard work can make it harder to defend against claims that an employee should not have been treated as exempt.
Employers must steer clear of the misconception that job descriptions alone can "make" employees exempt under the FLSA's so-called "white collar" exemptions.
The publication date for the U.S. Labor Department's revised federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemption definitions remains uncertain. But a growing consensus is that they are likely to be released within the next four weeks or so.
Congress has responded to the U.S. Labor Department's impending revisions of its FLSA Section 13(a)(1) exemption definitions by introducing nullifying legislation.
The U.S. Labor Department has submitted its final revised regulatory definitions of the FLSA's Section 13(a)(1) exemptions for review by the Office of Information and Regulatory Affairs.
U.S. Solicitor of Labor M. Patricia Smith has reportedly said again today that the U.S. Labor Department's revised regulatory definitions of the FLSA's Section 13(a)(1) exemptions will be released in July.
Members of the U.S. House of Representatives have written to Labor Secretary Labor Tom Perez to express concerns about the U.S. Labor Department's proposed revisions in its regulatory definitions of the FLSA's Section 13(a)(1) exemptions.
Employers evaluating the impact of the U.S. Labor Department's proposed increase for the FLSA's Section 13(a)(1) exemptions' salary requirement still must keep in mind the "salary basis" and duties requirements.