OT Rule Comments Show Sharp Divide On Salary Threshold
As the Labor Department looks to update the FLSA's overtime exemptions, there is debate whether a salary test should even be included in the revised rule. In the article, "OT Rule Comments Show Sharp Divide On Salary Threshold," featured in Law360, Fisher Phillips offers its position on salary levels.
Fisher Phillips provided comments that a salary basis and salary-threshold requirements should be abandoned. The firm added that the department "is incorrect" in its position that it has the authority to set such a salary basis or threshold and that the agency's claim of authority "bears reconsideration," since those requirements serve as a barrier to at least some employees being deemed exempt who meet a duties criteria.
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