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.
The first of several USDOL "listening" sessions provided few answers. The primary question remains whether the agency will listen this time around as it takes on the FLSA's white-collar exemptions.
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).
Employers must steer clear of the misconception that job descriptions alone can "make" employees exempt under the FLSA's so-called "white collar" exemptions.
It seems unlikely that recent Congressional proposals will succeed in stopping, deferring, changing, or curtailing the enforcement of the U.S. Labor Department's coming increases in the minimum dollar thresholds required for most of the FLSA's so-called "white collar" exemptions.
At long last, the U.S. Labor Department has disclosed the details of its final revised regulations defining the executive, administrative, professional, "outside salesman", and derivative exemptions under the federal Fair Labor Standards Act's Section 13(a)(1).
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.