By Dana K. Stripling, JD, Of Counsel, Garlo Ward P.C. www.garloward.com
Posted April 25, 2004
On April 20, 2004, the U.S. Department of Labor (DOL) issued long-awaited final revisions to its “white-collar” employee exemption regulations under the Fair Labor Standards Act (FLSA).
Under the changes, employees earning less than $23,660 a year are guaranteed time-and-a-half overtime pay after working 40 hours in a week. Highly compensated white-collar employees earning $100,000 or more per year are no longer entitled to overtime pay.
The rules also redefine the duties that white-collar executives, administrators and professionals must perform in order to be exempt from the federal minimum wage and overtime requirements.
Registered nurses who are paid on an hourly basis should receive overtime pay. However, registered nurses who are registered by the Texas examining board generally meet the duties requirements for the learned professional exemption, and if paid on a salary basis of at least $455 per week, may be classified as exempt.
Licensed practical nurses and other similar health care employees, however, generally do not qualify as exempt learned professionals, regardless of work experience and training, because possession of a specialized advanced academic degree is not a standard prerequisite for entry into such occupations, and are entitled to overtime pay.
Many other significant changes also have been made.
The rules will be published in the Federal Register by April 23, according to DOL Secretary Elaine Chao. Employers will be required to achieve compliance with the new rules beginning 120 days after the rules appear in the Register.
In the meantime, DOL has created a new Web site outlining the changes:
http://www.dol.gov/esa/regs/compliance/whd/fairpay/main.htm
A video training guide is also provided online at:
Garlo Ward will bring you more detailed information and strategies for complying with these new rules soon.
All information in this article is informational only and is not legal advice. Should you have any questions or a situation requiring advice, please contact an attorney.
Copyright 2004 by Garlo Ward, P.C., all rights reserved.
Lakeway, Texas 78734 USA
Telephone: 512-302-1103
Facsimilie: 512-302-3256
Email: Info@Garloward.com
