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The US Department of Labor has changed the salary level that an employee must earn in order to be considered exempt from being paid overtime. Although this was effective on January 1, 2020, if companies have not made this change they are accruing potential penalties until such time as the change is made and employees are correctly classified. If an employee is not eligible to be considered exempt then every time they work over 40 hours in a week the payroll is increasing. However, claiming an employee is exempt just because you pay them a salary is not the solution. You must also make sure they pass the “duties” test. You must also be certain you are not making improper deductions, which could ruin your exemption, for that employee and all others in similar jobs.
The Department of Labor changed the requirements for exempting someone from receiving overtime effective January 1, 2020. If you have not made these corrections NOW is the time to do so.
Violations of the allowed overtime exemptions can create a hefty financial burden if not corrected. Backpay and due overtime payments, and potential penalties can cost a company considerable money. Save yourself this pain and suffering by making sure you exempt employees are truly exempt.
The key audience includes everyone who is responsible for ensuring compliance with the Fair Labor Standards Act. This includes
Michael D. Haberman is the Vice-President and co-founder of Omega HR Solutions, Inc., a consulting and services company offering complete human resources solutions. Mike brings over 30 years of experience in dealing with the challenges of Human Resources in the 21st century. He has a B.A. in Psychology from the University of California, Riverside, a master's of science in Industrial Relations from Georgia State, and is certified as a Senior Professional of Human Resources (SPHR). He has over 16 years of experience in the classroom teaching human resources fundamentals and certification preparation for multiple universities and organizations.
Mike is the author of the Human Resources blog entitled HR Observations found at OmegaHRsolutions.com, which has been recognized several times as a top 25 in human resources related blogs. He has also been named in the top 10 Digital Influencers in Human Resources. He has gained a reputation as a compliance expert. He speaks on a variety of subjects to business associations, human resource associations, and business based civic clubs. He has co-presented webinars on various HR related issues.