Management should take care not to focus so much upon FLSA-related "salary basis" developments that it fails to note changes in salary thresholds required under analogous state-law exemptions.
Donald Trump's election does not mean that employers may now ignore the coming changes in the federal Fair Labor Standards Act's "white collar" definitions.
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.
With only about 60 days to go, we continue to urge employers to move forward with their final preparations for the increased dollar-amount thresholds under the federal Fair Labor Standards Act's so-called "white collar" exemptions.
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).
Recent "open letters" and related publicity strongly suggest that a substantial increase in the salary test for the FLSA "white collar" exemptions is probable.
The U.S. Labor Department has no authority to set the minimum salary for exempt "white collar" employees based upon what they "ought to be" paid.
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.
President Obama has instructed the U.S. Labor Department to revise the FLSA's so-called "white collar" exemptions. The goal is to increase the number of non-exempt employees.