The increased salary issue was expected to reach the boiling point with the release of the final DOL rule in late 2015 or early 2016. However, according to the DOL's recently released regulatory agenda, the DOL does not expect to issue a final rule until July 2016. Given the anticipated delay in the final rule, employers may be tempted to wait until we see the final rule to begin addressing it. However, it can take some time to plan for and implement compliance steps. As such, it makes sense to be proactive in analyzing how your particular workplace might respond to the anticipated final rule. Some options include raising exempt employee salaries to keep them exempt or converting exempt employees below the salary threshold to non-exempt employees.
This case serves as an important reminder that employers must carefully examine an employee's job duties when considering whether to classify the employee as exempt from the wage and hour laws. Don't get burned; as you await the final salary threshold rule from the DOL, you should prepare for the change by evaluating both the salary threshold and job duties of your employees currently classified as exempt.
As a former recruiter, Pamela Kovacs brings a unique insight into her work in employment and labor law, including having advised clients in the areas of discipline and discharge, employee handbooks, wage and hour, professional ...
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