Upcoming FLSA rules will change exempt rules

While employers will have to wait until the proposed rule is published
to know exactly what the specific changes will be, here’s what some experts are saying.

Employment attorney and former acting WHD administrator Alfred Robinson Jr. said a paper funded by the DOL recommended increasing the white-collar exemption’s salary level to $970 per week or $50,440 per year.

THIS MEANS that they will have to make at least that much, or they are not exempt and will have to be paid OT.

In addition, the agency may consider adopting California’s requirement that an exempt employee primarily performs exempt duties for at least 50% of his or her work time.

One thing industry experts believe the rule won’t include: A safe harbor for firms that want to fix violations that were made in a good-faith effort to comply. That means firms have to get it right.