FLSA Regulations

Latest Update

September 2017 - Federal district court permanently enjoins DOL salary level test

November 23, 2016 - Court stops December 1 FLSA overtime regulations

SBAM will keep our members up-to-date on all the latest details regarding this court case and how the results will impact your business.

Keep Your Business Compliant

FLSA InfographicHow employees should be classified is regulated by Department of Labor within the Fair Labor Standards Act (FLSA). The DOL announced changes affecting the overtime provisions of the act going into effect on December 1, 2016. This change most notably includes raising the exempt salary threshold from $23,660 to $47,476 for certain exemptions.

Here is a compilation of information related to the Fair Labor Standards Act (FLSA) employee exemption regulations. Be sure to watch the Power Boost e-newsletter for updates between now and December 1, 2016. 

SBAM Premium & VIP members can access the Ask An Expert hotline for further assistance at no charge.

FLSA Webinar

Archived Webinar: Understanding the new FLSA Regulations: It's more than just a numbers game!

Watch the webinar now.



Archived Webinar: Small Businesses and the New FLSA Regulations

The Department of Labor’s long awaited and highly contested Fair Labor Standards Act (FLSA) exemption regulations were released May 18, 2016 and go into effect December 1, 2016. Is your company up to speed on the new regulations? 

Watch the webinar now.



Related Articles

Exploring the new FLSA changes and its impact to workplace schedules
How can changing a salaried employee to non-exempt impact an organization’s work flow and scheduling needs? 

Podcast: Understanding the new FLSA regulations

It’s more than just a numbers game. What about employee morale?
Employees who are reclassified are going to have to adjust to a new work style. Working as an exempt employee usually comes with work place flexibility and the ability to leave early for a child’s ball game, or catch up on emails late at night. Now, employees will have to choose how to handle their workload and time-tracking differently.

Understanding and preventing wage compression
Your organization is experiencing wage compression when one of the following scenarios takes place ...

To be or not to be exempt? A look at the Outside Sales Exemption
“To me, job titles don’t matter. Everyone is in sales. It’s the only way we stay in business.”

To be or not to be exempt? A look at the Computer Professional Exemption
The computer exemption one of only a select few exemptions that doesn’t require employees be paid on a salary basis.

To be or not to be exempt? A review of the Highly Compensated Exemption
An employee making over 100k must surely be exempt, right?

To be or not to be exempt? A review of the Professional Exemption
When it comes to FLSA regs, who are the Professionals?

To be or not to be exempt? A review of the Executive Exemption
Do your “Executives” really qualify for the FLSA overtime exemption?

To be or not to be exempt? A review of the Administrative Exemption
Rules, rules and more rules! The FLSA changes are going into effect in a few short months. Many employers may be struggling with this. You may be thinking, “We already compensate our employees fairly and consistently for their hard work!”

To be or not to be exempt - that is the question!
To be or not to be (exempt)? That is the question! Some of us may struggle to grasp the full meaning of Shakespeare’s prose and poetry. Same is true for employers grasping the full scope of the Fair Labor Standards Act. The Department of Labor, through the FLSA, outlines the requirements of paying employees as either non-exempt (eligible for overtime pay over 40 hours in a work week, aka hourly) or exempt (exempt from earning overtime pay, aka salary). In this article we will be taking a deeper dive into the requirements to classify employees as exempt versus non-exempt.

New overtime regulations will impact recruiting and retention
Come December 1st, recruiting and retention will likely become a bit harder for many organizations—and for some organizations, a lot harder.

Complexities of paying a salary to a non-exempt employee part 3
Over the last several weeks, we have issued a series of articles covering the three different methods you can use to pay a non-exempt employee a salary plus overtime: Fixed Salary for a Set Number of Hours, Fluctuating Work Week (FWW), or a Belo Contract.  In this final article we will focus on the narrowest and most specific of the methods, called the Belo Contract.

"Exceptions reporting" timekeeping - be careful!
With the publication of the Department of Labor’s exemption classification regulations, ASE has been publishing a number of articles addressing both that change and broader FLSA Wage and Hour compliance concerns. Just as the National Labor Relations Board (NLRB) created a plethora of compliance issues, so have the FLSA regulatory changes. And now, so too does the revision of the Exemptions Regulation. ASE sees this change to the regulations as an opportunity to review and relearn employer wage and hour practices on which HR departments may have gotten a bit rusty in recent years.

Complexities of paying a salary to a non-exempt employee - part 2
Last week, we identified three different methods you can use to pay a non-exempt employee a salary plus overtime: Fixed Salary for a Set Number of Hours, Fluctuating Work Week (FWW), or a Belo Contract.  In that article we focused on the most commonly used method, the fixed salary for a set amount of hours. This week’s article, we will focus on the Fluctuating Work Week method, and we will wrap the series up next week with the Belo Contract.  

Small businesses not exempt from new FLSA regulations
The U.S. Department of Labor issued its much-anticipated final rule changing the regulations for the so-called "white collar” exemptions under the FLSA, and doubled the minimum salary level necessary for employees to be properly classified as exempt executive, administrative, and professional employees.

Complexities of paying a salary to a non-exempt employee

As a result of the changes to the FLSA salary level test, many employers will need to convert some of their currently exempt employees to non-exempt.  This will result in an additional administrative burden for employers. In some cases it will also create morale issues for those newly reclassified employees who will feel they have been forced to take a step backwards in their careers.

Five strategies for complying with the new salary level test
The change in the white-collar salary level test from $455 per week to $913 per week (as well as the highly compensated employee test) is expected to affect an estimated 4.2 million workers. This will send many employers into scramble mode to comply with the new standard by the deadline date of November 30, 2016. To help, the Department of Labor (DOL) has published guidance for private-sector employers to implement changes to their affected positions.

The FLSA exempt final regulations are here
Last night the U.S. Department of Labor published the final regulations that will adjust the definition of exempt employment for certain white collar positions by raising the salary level below which workers will be non-exempt, i.e., eligible for overtime pay under the Fair Labor Standards Act.