News & Updates
May 18, 2016
Department of Labor (DOL) has released a final rule, effective December 1, 2016,
updating the regulations governing which executive, administrative, and
professional employees ("white collar" workers) are entitled to the
minimum wage and overtime pay protections of the federal Fair Labor Standards Act (FLSA).
The current federal rules provide an exemption from both the FLSA minimum wage and overtime pay requirements for bona fide executive, administrative, and professional employees who meet certain tests regarding their job duties and who are paid on a salary basis at not less than $455 per week ($23,660 per year). "Highly-compensated employees" (HCEs) who are paid total annual compensation of $100,000 or more and meet certain other conditions are also deemed exempt.
The final rule focuses primarily on updating the salary and compensation levels needed for executive, administrative, and professional workers to be exempt. In particular, the final rule:
Note: Job titles never determine exempt status. Receiving a particular
salary, alone, does not indicate that an employee is exempt. Rather, in order
for a white collar exemption to apply, an employee's specific job duties and
earnings must meet all of the applicable requirements provided in the
regulations. The DOL is
not making any changes
to the current job duties tests. Keep in mind that when both
the FLSA and a state law apply, the employee is entitled to the most favorable
provisions of each law.
For more information, please refer to the DOL's website on the final rule, which offers employers comprehensive resources including fact sheets, a comparison table of the current and final rules, Q&As, guidance for businesses, and more.
The Fair Labor Standards Act section of your online HR library features additional information on exemptions from the law's minimum wage and overtime requirements.