If a current proposal from the Department of Labor (DOL) gets passed, it could mean a lot of added work — and headaches — for companies.
In its 2010 Spring Regulatory Agenda, the DOL included a new Fair Labor Standards Act (FLSA) rule that would require employers to show an FLSA exemption analysis for every employee that’s denied overtime.
Employers would also be required to preserve the analysis for DOL Wage & Hour Division inspectors to see. For companies that don’t have an up-to-date exemption analysis, the job will likely be considered nonexempt and overtime eligible.
We’ll keep you posted on the outcome of this proposal as its effect on back pay could be tremendous.
The DOL proposal can be seen in its entirety here.