The Department of Labor has released proposed new rules for exempt employees. If finalized, the new rules will increase the minimum salary thresholds for exempt employees and provide an automatic updating mechanism for the thresholds to reflect current earnings data. The proposed minimum salary threshold for most exempt employees is $1,059 per week, which is $55,068 for a full-year worker.
This session will describe the proposed changes and compare them to the current Department of Labor regulations as they apply to the white-collar exemptions to the minimum wage and overtime requirement of the Fair Labor Standards Act (FLSA). The tests for exemption are the salary basis test, minimum salary requirement, and the duties tests. These tests have changed over the years and are complex and can be confusing. In addition, there are strict record-keeping requirements and salary integrity requirements to prevent disqualification of the exemption. The webinar will also describe proposed changes to the rules and how employers can prepare for the changes.
Both the federal Department of Labor and State Wage and Hour agencies are engaged in enforcement initiatives concerned with the misclassification of employees as exempt from the Fair Labor Standards Act overtime requirements. Employers are often confused as to which exemptions may apply to a particular employee.
Making sure that employees are properly classified as exempt or non-exempt can be a daunting task. Misclassification of employees as exempt can be costly in terms of penalties and back pay awards for overtime compensation. This session will discuss the ways that employers can stay compliant as well as some of the ways employers have found themselves in trouble.
In addition to information regarding the newly proposed rules for exempt employees, you will learn how to determine whether an employee qualifies for exemption from the FLSA minimum wage and overtime requirements. How to handle certain employee absences from work, including FLSA intermittent leave, use of paid time off for part-day absences, and employer actions that can lead to disqualification.
Patrick Haggerty is a tax practitioner, author, and educator. His work experience includes non-profit organization management, banking, manufacturing accounting, and tax practice. He began teaching accounting at the college level in 1988.
He is licensed as an Enrolled Agent by the U. S. Treasury to represent taxpayers at all administrative levels of the IRS and is a Certified Management Accountant. He has written numerous articles and a monthly question and answer column for payroll publications. In addition, he regularly develops and presents webinars and presentations on a variety of topics including Payroll tax issues, FLSA compliance, and information return reporting.
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