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.
What if there is already a way to "credit" various non-salary compensation against an increased salary minimum?
Employers evaluating the impact of the U.S. Labor Department's proposed increase for the FLSA's Section 13(a)(1) exemptions' salary requirement still must keep in mind the "salary basis" and duties requirements.
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.
Employers are permitted to take cost-control concerns into account in designing a variety of new pay plans for employees who become non-exempt as the result of revisions in the U.S. Labor Department's exemption regulations.
Management should be thinking NOW about alternative ways to pay employees who become non-exempt as the result of revisions in the U.S. Labor Department's exemption regulations.