Part 541

The new salary threshold for exempt employees is coming soon.  The current minimum level is $35,568 per year ($684 per week) and the proposal is to increase it to $55,068

Continue Reading How To Prepare For The New Salary Threshold For The White Collar Exemptions: Be Proactive!

As is common knowledge, and as I wrote last week, the USDOL has proposed to raise the minimum salary required for exempt status for the Part 541 white collar exemptions

Continue Reading What To Do Before The White Collar FLSA Salary Level Changes-Don’t Be Caught Unaware!

For years, the outside sales exemption of the Part 541 white collar exemptions of the FLSA used to be the easiest one for an employer to demonstrate.  For the exemption

Continue Reading Too Much Employer Control Over Outside Salespersons Undermines The Exemption: Should We Be Worried?

The issue of the salary test for FLSA exemptions has been explored and analyzed through numerous cases. It is counterintuitive to think that an employee very highly paid for doing
Continue Reading Supreme Court Will Likely Resolve Circuit Split On Highly Paid Workers And The FLSA Salary Test: A Big Deal!

The fundamental premise of being an exempt employee is that the worker is paid by a “salary” as that term is defined in the FLSA regulations. Even paying someone an
Continue Reading Payment Of Day Rate, Regardless Of How High, Even Coupled With A Guarantee, Is Not a FLSA “Salary” As Part 541 Demands

Another administrative exemption case, this time in the trucking industry, tests the contours of that vague, nuanced exemption and to what occupations it applies. In this case, a group of
Continue Reading Case In Trucking Industry Explores The Murky Parameters Of The FLSA Administrative Exemption And Gives Warnings For All Employers To Take Heed