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The U.S Labor Department (USDOL) has finally released the anxiously awaited revised regulations affecting certain kinds of employees who may be treated as exempt from the federal Fair Labor Standards Act's (FLSA) overtime and minimum-wage requirements. These will be published officially on May 23, 2016. If employers currently consider any employees to be exempt “white collar” employees, they might have to make some sweeping changes.
In brief, the following changes will be made in USDOL's definitions of executive, administrative, professional, computer-employee, and highly compensated exemptions under the FLSA's Section 13(a)(1):
- The minimum salary threshold is increasing to $913 per week, which annualizes to $47,476 (up from $455 per week, or $23,660 per year). USDOL says that this figure is set at the 40th percentile of data representing what it calls “earnings of full-time salaried workers” in the lowest-wage Census region (currently the South).
- This amount will now be “updated” every three years (meaning that it will likely increase with each “update”), beginning on January 1, 2020. USDOL will announce these changes 150 days in advance.
- Employers will be able to satisfy up to 10% of this new threshold through nondiscretionary bonuses and other incentive payments, including commissions, provided that the payments are made at least quarterly. This crediting will not be permitted as to the salaries paid to employees treated as exempt “highly compensated” ones.
- The total-annual-compensation threshold for the “highly compensated employee” exemption will increase from $100,000 to $134,004 (which will also be “updated” every three years). USDOL says that this figure is set at the 90th percentile of data representing what it calls “earnings of full-time salaried workers” nationally.
The Memphis Bar Association is looking for a part-time person to record its live seminars for later viewing online. The person would need to become familiar with the MediaSite Recorder, which is used to record the seminars, plus be able to set microphones and edit the recorded seminar. The person would work on an “as needed” basis, when the MBA has live seminars that it wants to record.
Anyone interested should contact Lesia Beach at 260.3275 or lbeach [at] memphisbar [dot] org.