The 5th Circuit U.S. Court of Appeals has "tentatively" scheduled oral arguments for the week of October 2, 2017 regarding the U.S. Department of Labor's efforts to overturn last November's preliminary injunction blocking salary-related changes affecting FLSA's "white collar" exemptions.
A U.S. Department of Labor information request will be published tomorrow morning to seek additional public comment regarding the 2016 compensation revisions in the regulations defining the FLSA's "white collar" exemptions.
The U.S. Department of Labor has filed a Reply Brief in its appeal of last November's preliminary injunction that blocked the salary-related changes in the regulations defining the FLSA's "white collar" exemptions.
Employers who are currently relying upon a "highly compensated" version of the FLSA's white-collar exemptions should carefully consider the 2016/2017 transitional implications of the higher "total annual compensation" dollar amount that goes into effect on December 1.
Overlooking or permitting substandard work can make it harder to defend against claims that an employee should not have been treated as exempt.
There appears to be some continuing misunderstanding about exactly which exempt employees might be affected by the December 1 increase in the minimum salary amount required to meet the basic compensation criterion for an executive, administrative, professional, or derivative exemption under the federal Fair Labor Standards Act's Section 13(a)(1).
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 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.