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Harter Secrest & Emery Labor and Employment attorneys Amy L. Hemenway and Benjamin E. Mudrick discussed the Department of Labor’s May 18th final rule implementing changes to the tests to qualify for the white collar exemptions from overtime under the federal Fair Labor Standards Act.
Under the revised rule, the salary threshold to qualify for exempt status will increase to $47,476 per year ($913 per week) effective December 1, 2016, with scheduled increases every three years thereafter beginning on January 1, 2020. Although the final rule does not change the duties portion of the tests for exempt status, the DOL issued a number of separate guidance documents intended to help employers better understand how to apply the tests. The presentation will cover:
- Describe the changes required by the revised rule, including how they interplay with NYS wage and hour law;
- Discuss strategies for compliance, including alternatives to raising salaries if employees’ current pay is below the new salary threshold; and
- Provide tips for communicating with management and employees about any necessary changes to employee pay