Labor Department regulations examined

– Photo by John Meiu


Butzel Long recently hosted a breakfast briefing at its Bloomfield Hills office on “The Department of Labor’s Plans to Expand Overtime Pay Eligibility and to Attack Misclassification of Employees as Independent Contractors.” Speaking at the program were Butzel Long shareholders (left to right) Rebecca Davies and Gary Klotz. The Department of Labor has proposed a major revision of the regulations for the “white collar” exemptions — executive, administrative, and professional employees – from the Fair Labor Standards Act’s overtime premium pay requirement, Klotz said. This proposed regulation, which will become effective in 2016, will dramatically reduce the number of employees exempt from overtime payments and extend the entitlement to overtime premium pay to an estimated 4.6 million workers who are now classified as “exempt.” The proposed regulation will potentially affect all employers that have employees who are “exempt” under the “white collar” exemptions. ?Additionally, the DOL recently issued guidance that narrowed the definition of “independent contractor” so that many previously classified as independent contractors man now need to be properly classified as employees. 

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