Now that the new regulations have been finalized, employers need to review the status of all their
employees who are currently exempt from overtime to determine:
1. if they currently meet the new requirements; or
2. if they do not meet the new requirements, whether or not to increase the salary to meet the new
requirements (and thereby preserve the exemption); or be prepared to pay them overtime for all
hours worked over 40 in a week.
In addition, employers should be aware that those formerly exempt employees who lose that status will
now be considered non-exempt employees. Timekeeping and recordkeeping requirements applicable to
non-exempt employees will now apply to them and both those employees and their managers should be
informed of, and trained with regard to, the change in status and the need to comply with these
requirements.
Contact Information
If you have any questions about or need assistance with regard to these new regulations please contact
David McCormack at 843.720.4612 or DMccormack@wcsr.com or the Labor and Employment Practice
Group attorney with whom you normally work.
For additional information, please see the firm’s Fair
Labor Standards Act Blog.
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Womble Carlyle client alerts are intended to provide general information about significant legal
developments and should not be construed as legal advice regarding any specific facts and
circumstances, nor should they be construed as advertisements for legal services.
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