NT Lakis attorneys are pleased to present the first guide in a new three-part series focused on the so-called “white-collar” exemptions under the federal Fair Labor Standards Act (FLSA). The surprising ruling last week by a federal court in Texas temporarily blocking the Department of Labor’s (DOL) new overtime regulation from going into effect on December 1 underscores the importance of understanding the white-collar exemptions and how an employee’s job duties can determine whether he or she is eligible for overtime pay.
Indeed, whether an employee satisfies the duties of an exempt executive, administrative, or professional employee is one of the most common bases for wage and hour lawsuits brought under the FLSA. This Part I in our three-part series — Part II will focus on the administrative exemption and Part III will focus on the professional exemption — provides guidance on the executive exemption.
Please keep in mind that this overview is intended to be informational only and is not intended to convey legal advice. Matters involving FLSA compliance are often quite complicated and very fact-specific. In addition, there may be state and local laws that impose different requirements. Accordingly, this is an area where the advice of legal counsel should be solicited promptly when questions arise.
Members of the Equal Employment Advisory Council (EEAC) can read more here.