personal injury - employment law - commercial litigation
The Fair Labor Standard Act requires employers who gross over half a million dollars a year to pay overtime wages to employees who work in excess of forty hours a week.
There are exceptions to the wage and hour requirements, including exceptions for executive, administrative and professional employees. These exemptions are often called white collar exemptions. The burden rests with the employer to prove in any audit or lawsuit that the employee is exempt.
In order to satisfy a white collar exemption, the employee must be paid at least $455 per week. In a March 13, 2014 Memorandum for the Secretary of Labor, President Obama directed the Secretary of Labor to propose revisions to the existing overtime regulations with an eye towards increasing the weekly salary threshold upward to approximately $1,000 a week.
The Department of Labor must engage in the regulatory process before any changes can be made, however employers should expect that future changes will reduce the number of employees who qualify as exempt requiring employers to pay overtime to a greater number of employees.
I personally represent business owners facing wage and hour claims as well as other employment and labor law claims in both the state and federal courts as well as before the Department of Labor.
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