Wage and Hour Update White Collar FLSA Overtime Exemption Changes & Evolving Independent Contractor Definitions October 2, 2015 This information, which may be considered advertising under the ethical rules of certain jurisdictions, should not be construed as legal advice or a legal opinion on any specific facts or circumstances by Morgan, Brown & Joy, LLP and its attorneys. This material is intended for general information purposes only and you should consult an attorney concerning any specific legal questions you may have. Daniel S. Field 617-788-5016 [email protected]
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Wage and Hour UpdateWhite Collar FLSA Overtime Exemption Changes
&
Evolving Independent Contractor Definitions
October 2, 2015
This information, which may be considered advertising under the ethical rules of certain jurisdictions, should not be construed aslegal advice or a legal opinion on any specific facts or circumstances by Morgan, Brown & Joy, LLP and its attorneys. This material is intended for general information purposes only and you should consult an attorney concerning any specific legal questions you may have.
Academic Administrative Work related to the academic operations and functions in a school
rather than to administration along the lines of general business operations
Operations directly in the field of education Teaching Professional Primary Duty Involves Work Requiring Advanced Knowledge;
Prolonged Study, Advanced degree in Recognized Field of Higher Learning; or Equivalent
In an educational establishment Imparting knowledge No salary requirement
Employees who perform a combination of exempt duties (executive/administrative/professional/outside sales/teaching/computer employees) may qualify for exemption
―Negative impact for workers and business―If employers made no changes to their pay and
scheduling structure, overtime costs would run businesses $9.5 billion under the proposed changes.
―Particularly concerned about retailers in rural locations and other low-cost areas of the country that could see a disproportionate impact on their payrolls as a result of the increase in their salary level.
AFSCME― Submitted a file of over 24,122 comments gathered, the
overwhelming majority in support
CUPA-HR ― An increase to the minimum salary threshold is due, but
the proposed levels are too high― “To comply with the proposed changes, colleges and
universities would increase salaries for a few individuals whose current pay is closest to the new threshold, but would have to reclassify the vast majority of impacted employees to hourly [non-exempt] status.”
Hypothetical University engages attorneys as part-time
instructors for business law classes for both fall and spring semesters. These instructors are licensed professionals, with law practices and are either partners or employees at law firms. They do not usually teach. Can the university continue to characterize them as 1099 workers?