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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19778
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I am interested in understanding how the new FLSA ruling

Customer Question

I am interested in understanding how the new FLSA ruling that is effective 12/1/2016, dealing with the level of compensation for exempt/non-exempt status under FLSA, relates to Fact Sheet #46. More directly, is a preschool teacher treated as exempt under current rules, able to remain exempt under the new rules, even if not compensated above the new higher earnings standard?
Submitted: 5 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 5 months ago.

Hello,

Thank you for the information and your question. The short answer to your question is no, a preschool teacher who makes a salary that is below the most recent exempt salary requirement set out by the U.S. DOL is not considered exempt under FLSA, and therefore must be paid overtime for any hours worked over 40 hours in a workweek. The longer answer is that there are two different qualifying requirements in order for an employee to be exempt from the overtime rules. One is based on duties, which is what the crux of Fact Sheet #46 is about,and the other is the minimum salary rule. They must fit under both definitions to be exempt.

That means that although someone might fight the first definition of a professional, administrative, etc., employee if they make below the newest minimum salary, they must be paid overtime and are therefore, considered non-exempt. Any order that comes after a preceding order, if there is a conflict, is determinative.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 5 months ago.

To assist you further, this is a link to a DOL statement of the new rules and also a discussion of the "duties test" and "salary test" both of which must be met: https://www.dol.gov/whd/overtime/final2016/overtime-factsheet.htm

Expert:  Marsha411JD replied 4 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 11th . For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I have received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.