Upcoming changes to the Fair Labor Standards Act salary-basis test may convert many of your smartphone-toting exempt employees into non-exempt employees, requiring you to track the evening and weekend time these employees spend thumbing their way through work email or risk being hit with penalties for failing to account properly for their work hours. This FLSA salary-basis change, which is anticipated sometime in 2016, will more than double the minimum salary requirement of employees who fall within the “white-collar” (administrative or executive) exemptions of the FLSA. Therefore, if implemented, institutions will have to make a choice – increase the exempt employee’s salary to retain the exemption and avoid overtime compensation, or keep the current salary, but lose the exemption and begin to track and pay overtime.
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