I blogged last week about the back and forth on the new USDOL proposed salary threshold for exempt status, at approximately $35,000 per year. Well, the Democrats have now spoken on the issue and they propose raising the threshold to approximately $51,000 per year. Another great divide.
The proposed law is entitled the Restoring Overtime
This is a very interesting case. A group of nurses at a Texas hospital claimed they their employer intended to pay them an annual salary rather than an hourly rate and thus they were owed no back wages. They won in the lower court and appellate court but, now, the Texas Supreme Court has reversed,
When an employer realizes that a certain classification or number of employees has been misclassified as exempt, the employer may do the right thing and, henceforth, treat those people as non-exempt and pay overtime accordingly. That corrective measure, however, leaves a gap because the workers can sue for overtime for the period preceding the change.