Keeping up with overtime rules

Companies have been having a hard time in recent years complying with the U.S. Department of Labor’s rules defining which white-collar employees are eligible for overtime pay and which are exempt.

The Fair Labor Standards Act regulations were set in place to make it easier for companies to make the distinction between eligible and exempt. So far, that hasn’t been the case. Even more lawsuits about overtime have resulted, in fact.

You don’t want your company facing some attorney out for a quick buck because of some simple mistake concerning pay. Luckily, there are resources to help you make the choice between exempt and nonexempt employees. Here are a few things to remember:

• Employees earning less than $455 a week are automatically eligible for overtime pay.

• A “highly compensated” employee is exempt if:

1. The employee earns total annual compensation of $100,000 or more, which includes at least $455 per week paid on a salary basis;
2. The employee’s primary duty includes performing office or non-manual work; and
3. The employee customarily and regularly performs at least one of the exempt duties or responsibilities of an exempt executive, administrative or professional employee.

• To qualify for the administrative employee exemption, all of the following tests must be met:

1. The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week;
2. The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and
3. The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.

For more info and a full list of exemptions, check out People Lease’s HR Support Center (look under Laws >Federal Laws>Fair Labor Standards Act).