This time last month, just about everyone who had employees was sweating bullets over the looming FLSA new law deadline, that is now past and….not in effect (yet!) So what does this mean now? Employers don’t have to do ANYTHING? Not quite! Although the new threshold for salary is not currently changing, there are still other aspects of FLSA that ARE STILL in affect, and before the new law pushed employers to conduct an internal Wage and Hour Audit, there were likely still employees who were misclassified under the current salary and duties test. And there likely still are! Curious about what those exemptions are: The Department of Labor provides guidance via a Fact Sheet as to what is required for each exemption (to determine if an employee is exempt or non exempt, and it has NOTHING to do with their titles – another misconception).
Here is another important note – DOL is still conducting audits under the current regulation. So if you’re an employer that “might” not have employees classified properly, you may want to look into how to conduct an audit and self correct any errors you find, and document them.
My gut feeling is, while the law is currently postponed, it is probably going to come back in some form, so getting a jump on it by at least making sure your employees are currently properly classified is a great first step.
