U.S. Labor Secretary candidate Alexander Acosta's March 22 confirmation hearing might have provided insight into some potential Labor Department actions affecting the FLSA and analogous federal laws.
Federal District Judge Amos L. Mazzant has denied the U.S. Department of Labor's request to halt proceedings in his court while it appeals the preliminary injunction he granted preventing salary-related changes in the FLSA's "white collar" exemption requirements from taking effect.
Employers are required to select and document at least one "workweek" that will apply to employees treated as falling within some FLSA exemptions.
The U.S. Department of Labor has appealed last week's court order that prevented the salary-related changes in the FLSA's "white collar" exemptions from taking effect today.
Care and reflection are essential in deciding what to do in light of yesterday's ruling halting the salary-related "white collar" exemption changes.
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.
Overlooking or permitting substandard work can make it harder to defend against claims that an employee should not have been treated as exempt.
Two suits have been filed challenging the U.S. Labor Department's impending increases to the dollar-amount thresholds for most of 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).