The Department of Labor (DOL) has been busy bringing a number of changes into the new year.
On September 24, 2019, the DOL issued its final rule increasing the minimum salary threshold for the so-called white-collar exemptions under the Fair Labor Standards Act (FLSA) to $684 per week (equivalent to an annual salary of $35,568), effective January 1, 2020. Despite months of speculation since the final rule was issued, there is no current court injunction which puts this new rule on hold. The DOL has estimated that 1.3 million workers will be affected by this new rule. Employers covered by the FLSA who have salaried exempt employees should take note — see our previous article, DOL issues new overtime exemption salary threshold, for more information.
More recently, the DOL issued a final rule revising its regulations concerning the regular rate of pay under the FLSA, effective January 15, 2020. The FLSA requires covered, non-exempt employees to be paid overtime pay of at least one and one-half times their regular rate of pay for hours worked in excess of 40 per week. Please note that the new rules concerning the regular rate only affect non-exempt employees and the calculation of overtime pay and do not affect employees’ exemption status under the FLSA. Click on the link below to learn more:
Revised regulations governing regular rate and calculation of overtime
And most recently, the DOL issued a final rule interpreting joint employer status under the FLSA, which is scheduled to take effect on March 16, 2020. Joint employer status generally means that more than one individual or entity may be held jointly and separately liable as the employer for minimum wage and overtime violations. The new rule narrows and simplifies the test and may make it more difficult for employees to claim joint employer status.
Click on the link below to learn more:
Janice Pintar has extensive litigation experience in the field of employment law and was a plaintiff’s attorney for nearly thirteen years before becoming an HR Consultant in 2015.
Janice Pintar has extensive litigation experience in the field of employment law and was a plaintiff’s attorney for nearly thirteen years before joining Associated Financial Group’s HR Consultants in 2015. She educates and advises Human Resources professionals and employers on a broad range of employment issues and best practices and costly litigation compliance topics including respectful workplace practices, unlawful harassment avoidance, wage and hour issues, medical leaves and accommodations, as well as federal and state discrimination and anti-retaliation issues. Janice received her undergraduate degree from the University of Wisconsin-Milwaukee, magna cum laude, and her law degree from the University of Wisconsin, cum laude.
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