4 Changes W&H Attorneys Want in a New OT Rule

Labor, Employment and Benefits attorney Phillip Schreiber was quoted in a Law360 article about the upcoming revision to the Fair Labor Standards Act's (FLSA) overtime exemption. The U.S. Department of Labor (DOL) is expected to propose a higher salary threshold for exempt employees, which Mr. Schreiber commented would require employers to proceed with caution in reclassifying employees. While a higher salary threshold would provide clarity for workers, employers should consider how reclassifying exempt employees to overtime eligible status may impact employee morale.

"There is the employee relations concept or psychological concept of an employee viewing their conversion back to overtime eligible as some form of demotion or diminishment," he said. "Employers should definitely take that into account as well."

Mr. Schreiber also commented that the DOL should provide guidance for how the duties of employees who are primarily working remotely or those who are working a hybrid in-office and remote schedule should be assessed.

"If a supervisor or a manager is primarily working remotely and the employees he or she is supervising are scattered about, or the employees are working remotely and the manager is in the office, what is the concept of supervision in that situation?" he said. "It would be good to get some clarity on that."

READ: 4 Changes W&H Attorneys Want in a New OT Rule (Subscription required)