In order to fit within the white-collar exemption, an employee must meet both the new pay threshold and the job duties test (analyzing what an employee actually does, rather than just looking at a job title). The new rule does not change the job duties test. Updating the list of employees now qualifying for the white-collar exemption under the revised threshold will also present employers with a good opportunity to review all employee exempt and non-exempt classifications. Incorrect FLSA classifications by employers continue to create significant legal exposure for employers. Employers should engage in a careful and thoughtful review of their exempt and non-exempt job determinations.
Senior CounselDean LeDoux’s employment and litigation practice includes representing employers in litigation and also advising them on employment issues. Dean also has extensive business litigation experience. Over approximately the ...
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