Written by: Erin C.S. Izzo
The Fair Labor Standards Act (FLSA) guarantees eligible employees a minimum wage and overtime pay for hours worked in excess of 40 in a work week. However, there are a number of exemptions to that guarantee. The “white collar” exemption contained in 29 C.F.R. 541 is based in part on a minimum salary level, with those exceeding it potentially being exempted from FLSA overtime protection. More than a decade has passed without any change in the minimum salary level, while at the same time the federal minimum wage has increased. This has resulted in certain low-paid salaried employees finding themselves without overtime protection. In March 2014, President Obama directed the U.S. Department of Labor to update FLSA regulations, and in particular the “white collar” exemption, in order to modernize and simplify the regulations while maintaining the FLSA’s intended overtime protections.
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