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FLSA Changes Are Imminent!: Final Amendments to the White Collar Exemptions Could Be Released Within Days

The grapevine is abuzz! The word on the street is that the Department of Labor (DOL) could release the final amendments to the Fair Labor Standards Act’s (FLSA) white-collar exemptions as soon as this week.

The DOL continues to keep the substance of those changes a closely guarded secret. However, it currently is believed that the new salary requirement may jump from $23,660 per year to between $47,000 and $52,000 per year. This substantial increase will affect most employers operating in the United States.

Other questions remain unanswered, including the following:

  • Will the DOL permit employers to include certain bonuses to meet the new salary threshold?
  • Will the DOL change any of the duties tests?
  • Will the DOL require exempt employees to spend a minimum number of hours on exempt work?
  • Will the DOL eliminate the “concurrent duties” rule (which allows managers to perform exempt and nonexempt duties at the same time)? 
  • What response time will the DOL give employers to comply with the new rules?

We will soon know the answers to these questions. Because a short response time for compliance is anticipated, employers must begin to plan now. To assist employers, Honigman will announce a webinar covering the final white-collar amendments as soon as the DOL releases them to the public. As we previously noted, aggressive enforcement is anticipated by the DOL.  We encourage all employers to monitor this issue and attend information sessions such as Honigman’s upcoming FLSA webinar.

  • Matthew S. Disbrow

    Matt Disbrow is a labor and employment attorney who advises clients concerning a wide spectrum of employment matters, including wage and hour issues, overtime issues, executive employment and compensation, employment ...

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