{"id":200,"date":"2015-09-23T17:11:51","date_gmt":"2015-09-23T17:11:51","guid":{"rendered":"http:\/\/zamzowlaw.com\/articles\/?p=200"},"modified":"2015-09-23T17:11:51","modified_gmt":"2015-09-23T17:11:51","slug":"flsa-white-collar-exception-comment-period-closed","status":"publish","type":"post","link":"https:\/\/zamzowfabian.com\/articles\/flsa-white-collar-exception-comment-period-closed\/","title":{"rendered":"FLSA White-Collar Exception Comment Period Closed"},"content":{"rendered":"

The 60-day comment period for the proposed changes to the Fair Labor Standards Act (“FLSA<\/strong>“) governing what has been commonly referred to as the “white collar” exemption is closed.<\/p>\n

As a reminder, the FLSA\u00a0guarantees a minimum wage and overtime pay at a rate at least\u00a0one and one-half times the worker’s\u00a0regular rate for hours worked (beyond 40 per week). These protections covered most workers, however,\u00a0the FLSA provides a number of exceptions allowing employers to avoid the time and a half rule<\/em>. On\u00a0the President’s direction, the Department of Labor (“Department<\/strong>“) proposed an update and revision to those above FLSA regulations, effectively narrowing the\u00a0minimum wage and overtime pay exception for executive, administrative, professional, outside sales, and computer employees.<\/p>\n

Under current regulation, employees who\u00a0meet certain minimum tests related to their primary job duties, including being paid on a salary basis, were exempt\u00a0from the time and a half requirement<\/em>, and therefore fell within the white-collar exception<\/em>. Generally,\u00a0the\u00a0salary level required for exemption is at\u00a0$455 a week ($23,660 for a full-year worker), this was last updated in 2004. Equivalent to approximately $30,000 in 2015 dollars.<\/p>\n

As stated by the Department, the new proposed rules are designed to “update the salary level to ensure that the FLSA’s intended overtime protections are fully implemented, and to simplify the identification of nonexempt employees, thus making the EAP exemption easier for employers and workers to understand<\/em>.” Further, the\u00a0Department proposed\u00a0a formulaic and automatic update to the salary requirement so that the rule would follow a natural trend avoiding\u00a0lengthy legislation changes.<\/p>\n

The closed comment period garnered nearly 5,000 comments per day over the 60-day window. Unfortunately for those who must read the comments, many\u00a0commentaries are doomsday-writers who may have not read the proposal, however there are\u00a0others that appear\u00a0well drafted and clearly show their support or objection to the proposals.\u00a0Ultimately the proposed changes do not appear dramatic, and with authorization\u00a0or not, dialogue between both sides is positive and necessary.<\/p>\n","protected":false},"excerpt":{"rendered":"

The 60-day comment period for the proposed changes to the Fair Labor Standards Act (“FLSA“) governing what has been commonly referred to as the “white collar” exemption is closed. As a reminder, the FLSA\u00a0guarantees a minimum wage and overtime pay at a rate at least\u00a0one and one-half times the worker’s\u00a0regular rate for hours worked (beyond […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":["post-200","post","type-post","status-publish","format-standard","hentry","category-larticles"],"_links":{"self":[{"href":"https:\/\/zamzowfabian.com\/articles\/wp-json\/wp\/v2\/posts\/200","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/zamzowfabian.com\/articles\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/zamzowfabian.com\/articles\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/zamzowfabian.com\/articles\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/zamzowfabian.com\/articles\/wp-json\/wp\/v2\/comments?post=200"}],"version-history":[{"count":0,"href":"https:\/\/zamzowfabian.com\/articles\/wp-json\/wp\/v2\/posts\/200\/revisions"}],"wp:attachment":[{"href":"https:\/\/zamzowfabian.com\/articles\/wp-json\/wp\/v2\/media?parent=200"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/zamzowfabian.com\/articles\/wp-json\/wp\/v2\/categories?post=200"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/zamzowfabian.com\/articles\/wp-json\/wp\/v2\/tags?post=200"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}