Overview

The U.S. Department of Labor (DOL) has issued its Final Rule to increase the minimum salary requirements for the "white collar" exemptions (executive, administrative, and professional) from minimum wage and overtime pay requirements under the Fair Labor Standards Act (FLSA). The Final Rule sharply increases the minimum salary level for the white-collar exemption to apply. The increase will take effect in two stages over six months.

These numbers are higher than what the DOL previewed in its August 2023 proposed rule. And they represent a significant jump from the current $35,568 salary level for executive, administrative, and professional employees, and the $107,432 minimum compensation level for highly compensated employees.

These significant increases will have substantial implications and impacts across industries and command employers’ attention.

Despite likely legal challenges, employers cannot and should not bank on their success. Businesses must prepare for a final rule that takes effect on July 1, 2024, with a more pronounced change on January 1, 2025.

The new rule will become effective on July 1, 2024, so employers need to be prepared for these changes. The proposed rule makes significant changes in which of your employees will now qualify to be “exempt” and therefore not be entitled to overtime. Employees who were previously classified as exempt may now need to be reclassified to non-exempt employees and will then be entitled to overtime. Employers need to be prepared so you will be able to properly classify employees as exempt or nonexempt, under the new FLSA overtime Rule.

Employers must ensure that their employees are not improperly classified as exempt when they are really nonexempt. In the event of an employee lawsuit or an audit by the DOL, employers will be required to substantiate their reasons for classifying a particular employee or employees as exempt. In addition to enforcement action by federal and state departments of labor, improper classifications have resulted in many collective action lawsuits by groups of employees, many of which have resulted in multimillion-dollar settlements.

This webinar will also go through in-depth the proper way to classify your employees as exempt vs. non-exempt based on the current FLSA regulations. We will show you to ensure compliance with current FLSA the overtime rules, including the current and new FLSA regulations, and explain the changes that employers need to understand and comply with.

We will also review state laws that go beyond the FLSA exemption tests, so you can properly classify your employees working in those states.

Why you should Attend

Deciding between exempt and nonexempt: Classify employees incorrectly and it will cost you big-time it may even land you in court!

If you’re confused about which employees are exempt and which are nonexempt, you’re not alone. Many companies are making costly classification mistakes and are paying a hefty price in back pay and lawsuits. As an HR professional, you’re probably well aware of the burden of making sure your employee classifications are accurate.

Areas Covered in the Session

• The three core changes to the FLSA’s overtime rule that employers must address properly
• How Salary level test has been raised from the current FLSA Rule
• Understand how to properly classify employees based on the overtime rule revisions to the FLSA
• The three DOL Tests of Exempt Status: the Duties, Salary Basis, and Salary Level Tests
• Understanding the "duties tests" and how to meet FLSA requirements for the Executive Exemption, the Administrative Exemption, the Professional Exemption, Computer Professional Exemption, and Outside Sales Employee exemptions
• The Highly Compensated Employees Exemption
• The Importance of a Compliance Review
• How California and other states' rules differ from the FLSA
  

Who Will Benefit

• HR Professionals
  Payroll Professionals
• Managers
• Supervisors 
• General Counsel