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.
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.