As of January 2020, new provisions of the Fair Labor Standards Act (FLSA) will take effect. The FLSA has numerous provisions, ensuring that workers earn at least minimum wage and non-exempt employees receive overtime pay at a rate of one and one-half times their standard rate of pay. Recently, the law was amended, raising the minimum salary level for exempt employees to $684 per week from $455. With this recent amendment, a new wave of employees are now eligible to receive overtime pay. In addition to increases in the “salary threshold” (the base level of pay you need to earn for your employer to classify you as exempt), the Department of Labor has also adjusted the calculations which go into how regular rate of pay is determined.
Who is considered exempt?
In addition to making above the “salary threshold,” exempt employees are those who have certain duties and generally fall into one of three exempt categories – professional, administrative, or executive. If you are considered exempt, you are not entitled to overtime pay, regardless of the number of hours worked. On the other hand, if you fall within the “non-exempt” category, you may be entitled to receive overtime pay at a rate of one and one-half times your standard rate of pay for all hours worked in excess of 40 in a work week.
For more information, or if you have questions whether you are exempt or non-exempt, and are entitled to receive overtime compensation, it is important to speak to an experienced Atlanta discrimination lawyer to review your specific job situation, This is often a complex question, requiring an in-depth analysis.
The attorneys at Buckley Bala Wilson Mew LLP are available to answer all your wage and hour questions. Please contact us immediately so we can provide you the help you deserve.