Employers and trade groups should think very carefully about responding to the U.S. Labor Department's invitation to submit proposed "examples" to include in the Section 13(a)(1) exemption regulations.
There appears to be some misunderstanding or uncertainty about particular aspects of how an employer should undertake to evaluate whether and to what extent the U.S. Labor Department's proposed increase in the "white collar"-exemption's salary threshold would affect employee compensation.
Indications are that the proposed new definitions for the FLSA's executive, administrative, professional, outside-sales, and derivative exemptions will not be officially published this week.
Proposed new definitions for the FLSA's Section 13(a)(1) executive, administrative, professional, outside-sales, and derivative exemptions have been submitted to OMB for review.
Does the FLSA require an employer to justify treating an exempt employee as non-exempt?
The U.S. Labor Department now says only that the proposed revisions will be released in "coming months".
A couple of remarks made by Solicitor of Labor M. Patricia Smith at a December continuing-legal-education conference were especially interesting.
The signs are ominous with respect to possible U.S. Labor Department changes in the regulations governing the federal Fair Labor Standards Act's Section 13(a)(1) exemptions.
Be on the lookout for a November 2014 release of proposals to curtail the FLSA's Section 13(a)(1) executive, administrative, professional, and "outside salesman" exemptions.
The usefulness of website questionnaires, checklists, programs, and so on relating to the application of the FLSA's executive, administrative, professional, and outside-sales exemptions is normally very limited.