The grapevine is abuzz! The word on the street is that the Department of Labor (DOL) could release the final amendments to the Fair Labor Standards Act’s (FLSA) white-collar exemptions as soon as this week.
The DOL continues to keep the substance of those changes a closely guarded secret. However, it currently is believed that the new salary requirement may jump from $23,660 per year to between $47,000 and $52,000 per year. This substantial increase will affect most employers operating in the United States.
Other questions remain unanswered, including the following:
- Will the DOL permit employers to include certain bonuses to meet the new salary threshold?
- Will the DOL change any of the duties tests?
- Will the DOL require exempt employees to spend a minimum number of hours on exempt work?
- Will the DOL eliminate the “concurrent duties” rule (which allows managers to perform exempt and nonexempt duties at the same time)?
- What response time will the DOL give employers to comply with the new rules?
We will soon know the answers to these questions. Because a short response time for compliance is anticipated, employers must begin to plan now.