Heyl Royster

 


Heyl Royster

 

Legislative Update - Fair Labor Standard Act Exemptions

8/4/14

The President directed the Department of Labor to rewrite the Fair Labor Standard Act exemptions more tightly to make sure overtime pay is available to more workers. See Fair Labor Standards Act, 29 U.S.C.A. § 213 (West 2013). The focus will be on the salary level test and on the duties test. This will have an impact on fast shift food supervisors, loan officers, and computer technicians, currently classified as exempt who would become eligible for overtime. Employees would be required to perform a minimum percentage of executive work to qualify for the white collar exemption. Also, employers would be less able to exempt low-level retail managers from overtime.