KD Employment Alert: 100 Days Until New DOL Overtime Exemption Regulations Take Effect

By Philip R. Voluck, Esq., Keith J. Gutstein, Esq., and David A.Tauster, Esq.

As the summer winds to a close, employers must now begin to focus on compliance with the new United States Department of Labor (“DOL”) regulations which will be taking effect on December 1, or approximately 100 days from today. KD previously addressed the specifics of the new regulations in a prior alert, available here.

As a reminder, the DOL is more than doubling the minimum salary required for an employee to qualify as overtime exempt under the Fair Labor Standards Act (“FLSA”), from $455 per week to $913 per week. Notably, the salary test is not the sole basis for an overtime exemption, as the employees in question will still have to meet the applicable duties test for their specific exemption to apply. The new regulations are expected to provide overtime eligibility to as many as 4.2 million workers, and will almost certainly affect employees at your business.

With 100 days until the new regulations take effect, employers should review their employee classifications. The labor and employment attorneys at KD are available to assist you in conducting such a review, and in connection with all aspects of compliance with the FLSA and the state labor laws applicable to your business.