OVERTIME PAY CHANGESFOR THE UNINITIATED

November 10, 2015Webinar – Questco

Personal liability is on the table.

Collective actions look like class warfare.

Standard to first certify the class is “lenient.”

“Similarly situated” employees gang up on you.

FLSA Is High Stakes

Change Coming Soon President to DOL:

“Modernize and streamline” the FLSA regs on white collar exemptions.

Proposed regs are out, and the comment period on them has closed.

When are the final regs coming?

DOL Proposed Regulation:Many More Folks Not Exempt

Today Proposed

$455 weekly $970 weekly(40th percentile) 

$23,660 per year 

$50,440 per year(40th percentile) 

Exemptions depend on:1. Pay; and2. Job duties.

Salary basis threshold would more than double.

Amount automatically adjusts for inflation every year.

Job Duties Aren’t Sacred The DOL also hinted that

the final regs could change exempt job duties.

No changes were proposed, but the DOL asked for comments on changing duties.

That shouldn’t be legal!

Clamp Down

Manage jobs, workflow and digital toys.

Policies on pay – shooting to break a class: Record all hours worked No unauthorized working hours No working off the clock No time shaving Robust pay error reporting procedure

Train high-risk groups on your pay policies.

Audit for Hot Button Issues Roughly 67% of damages

can be cut with due diligence.

How closely did you look at the pay practice? Internal HR: Maybe

enough if diligent.

Internal Legal: Probably enough.

External: Normally enough if done by DOL or counsel.

Audit Points Exempt employees: Job descriptions (careful,

real job duties matter more than paper)

Day rates: Other trappings

Bonus for non-exempt employees: Extra overtime pay possible

Independent contractors: Economic realities

Arbitration Class Waiver Arbitration policy can

waive the right to join a class or collective action.

Caution – NLRB says that’s an unfair labor practice.

Keep an eye on this one.

Questions?

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Alan Bush

O: 281.296.388321 Waterway Ave., Ste. 200

abush@bush-law.com

F: 281.296.3884The Woodlands, TX 77380www.bush-law.com