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Employment Law Update: Employers have an affirmative duty to ascertain and meet the FLSA's requirements regarding classification and payment of overtime to employees. |
July 19, 2005
Previously published on September 13, 2004
The Fair Labor Standards Act (FLSA) requires employers to pay to their non-exempt employees one-and-a-half times the hourly rate for work performed in excess of 40 hours per week. The Act generally exempts employers from this requirement with respect to individuals in positions categorized as executive, administrative, or professional. Newly revised regulations, which became effective on August 23, 2004, have raised employers' concerns over the categorization of employees as exempt or non-exempt and have captured attention regarding employee-generated lawsuits in this area.
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The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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