The upcoming change to salary requirements to the so-called “white collar” overtime exemptions under the Fair Labor Standards Act (FLSA) has garnered a lot of attention. However, even with a strong emphasis on the changes to the salary requirement, employers should not lose focus on the duties portion of the test.
The white collar exemptions (executive, administrative, and professional) generally have two components – payment on a qualifying salary basis and satisfaction of a duties-test requirement unique to each exemption. A recent decision from the United States Court of Appeals for the Eighth Circuit (covering Arkansas, Iowa, Minnesota, Missouri, Nebraska, and North and South Dakota) reminds employers that even though most recent focus has been on the salary test component, the duties test inquiry remains as critical as ever. Continue reading this entry