This is in response to your request for an opinion concerning whether an employer may deduct from an exempt worker’s Paid Time Off Bank (PTO) for absences of lower than a day due to private reasons, accident, or sickness, in addition to whether or not it is acceptable for the employer to cut back an employee’s wage for absences of one or more full days attributable to sickness or damage when the worker’s PTO financial institution has been exhausted.
As a results of the court docket’s actions, for now, the FLSA’s current commonplace white collar exemptions will nonetheless apply, making an worker exempt so long as the person: (1) is paid on a wage basis that does not fluctuate primarily based on the variety of hours labored or high quality of work; (2) is paid at or above the current salary stage of $23,660 ($455 weekly); and (three) meets the respective job duties test. As earlier than, workers five recommendations for deciding on a fantastic own injury attorney who fail to satisfy any of those criteria are non-exempt and must subsequently be paid not lower than the federal minimum wage (at present $7.25 per hour) and at the very least one and one-half their common charge of pay for hours labored over forty in a workweek. Of course, state minimal wage and time beyond regulation necessities must additionally nonetheless be met.
Qualifying Example: An assistant manager in a retail institution may carry out work reminiscent of serving prospects, cooking meals, stocking cabinets and cleansing the establishment, however efficiency of such nonexempt work doesn’t preclude the exemption if the assistant supervisor’s main responsibility is administration. An assistant manager can supervise employees and serve prospects on the identical time without dropping the exemption. An exempt employee can also concurrently direct the work of different workers and inventory cabinets.
The last rule was poised to double the salary stage required for employees to be deemed exempt from time beyond regulation below the FLSA pursuant to the DOL’s govt, administrative, and professional (white collar”) exemption. The court, ruling on the state plaintiffs’ injunction request, found they demonstrated a substantial probability of success on the merits, as well as the prospect of irreparable hurt. A nationwide preliminary injunction preserved the established order whereas the courtroom ponders whether the DOL had authority to promulgate the ultimate rule and whether the rule itself was legally viable.
It could be very troublesome to say what the new presidential administration will do in this space. It is likely that the brand new administration will scrap or in the reduction of new extra time guidelines put in place by the Obama administration (although the Obama guidelines haven’t gone into impact because they have been blocked by a courtroom five recommendations for deciding on a fantastic own injury attorney order). If the Obama guidelines had gone into effect, time beyond regulation can be required to be paid to almost any worker who makes less than $47,476 per 12 months. The present rule requires extra time for these making less than $23,660, which is a threshold set in the course of the George W. Bush administration.