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2726 S. Brentwood Blvd. St. Louis MO 63144

U.S Department of Labor Directed to Update Executive, Administrative and Professional Regulations

The Law Offices of Kevin J. Dolley, with offices in St. Louis and Kansas City, Missouri represents companies and their employees nationwide in determining whether employees are properly classified as exempt from the Fair Labor Standards Act (FLSA) and state wage and hour laws. Many businesses and employees believe that because an employee receives a salary that overtime compensation does not have to be paid for hours worked over 40 per workweek. However, the determination of whether an employee may be permissibly paid a salary without payment for overtime hours is actually determined based primarily upon review of employee job responsibilities and duties.

If you have a question regarding whether certain employees are being paid correctly through a salary exempt classification, contact our firm directly at (314)645-4100 or by email at kevin@dolleylaw.com.

Details of the DOL Salary Exemption Directive

On March 13, 2014, an executive order was issued to the Department of Labor ("DOL") instructing the DOL to modernize and streamline existing overtime regulations under the FLSA. Specifically, the memorandum directs the Secretary of Labor to consider how the FLSA's regulations regarding overtime exemptions for executive, administrative, and professional employees (commonly referred to as "white collar" exemptions) should be updated to more accurately reflect the American workplace.

Under the FLSA, employers are required to pay certain employees overtime at a rate of one-and-one-half times their regular rate of pay for the hours work in excess of 40 per workweek. However, Section 13(a)(1) of the FLSA contains exemptions for employees holding bona fide executive, administrative and professional positions. In order to be considered exempt, an employee must be paid a weekly salary of at least $455, and job duties must include managerial or supervisory responsibilities, advanced knowledge or the exercise of significant independent judgment on behalf of the employer.

The Presidential directive seeks change to the exemption's so-called "duties requirement." Unlike the income threshold, which is very like to increase as well, changes to the duties analysis separating exempt from non-exempt employees will likely undergo the most substantive change.

FLSA salary misclassification remains a common area of confusion for employers and employees. Changes to be made by DOL to classification regulations will likely further limit employers' ability to permissibly classify employees as exempt from the FLSA's overtime requirements. Many employees who currently hold positions on the cusp between exempt and non-exempt status will most be impacted by regulation changes further limiting exempt classification.

The last time the salary threshold was raised occurred in 2004. At that time, the minimum salary requirement for the "white-collar" exemption was increased from $155 per week to $455 per week. The 2004 increase was the first since 1975.

The Presidential directive to the DOL does not immediately make any change to the law. Federal regulation changes must go through the standard administrative rulemaking process, requiring DOL to formally propose rule changes, give the public an opportunity to comment and consider revising the proposals based on public notice and comment period. This rulemaking process will likely take more than a year to complete.

FLSA Salary Misclassification Law Firm

For expert legal advice on employment salary misclassification, contact our firm directly at (314)645-4100 or by email at kevin@dolleylaw.com.

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The Law Offices of Kevin J. Dolley represents clients in labor law, employment law and employment discrimination matters throughout the State of Missouri, including St. Louis, St. Louis County, St. Charles County, Boone County, Jefferson County, Lincoln County, Jackson County, Phelps County, Franklin County, Ste. Genevieve, St. Clair and the Cities of St. Louis, Kansas City, St. Charles, O'Fallon, Lake St. Louis, Hillsboro, Troy, Clayton, Rolla, Columbia, Jefferson City, Kirksville, Farmington, Cuba, Augusta, Union, Maryland Heights, Cape Girardeau and Springfield.

Law Offices of Kevin J. Dolley, LLC - Missouri Employment Lawyer
Located at 2726 South Brentwood Blvd. St. Louis, MO 63144. View Map
Phone: (314) 684-8180 | Local Phone: (314) 645-4100.
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