The Department of Labor (DOL) has just rolled out its Final
Overtime Exemptions Rule, impacting both employers and employees
alike. At Mizrahi Kroub, LLP, our team of trusted New York employment lawyers is here to break
down what these changes could mean for New Yorkers like you.
The final rule updates how the Fair Labor Standards Act (FLSA)
determines which executive, administrative, and professional
employees are exempt from minimum wage and overtime
requirements.
To qualify for this exemption, an employee typically needs to
meet three criteria. First, they must pass the Salary Basis Test,
which means they are paid a fixed salary that doesn't change
based on the quality or amount of work done. Next, the
employee's salary must meet a certain minimum level, known as
the Salary Level Test. Finally, the employee must perform duties
that are executive, administrative, or professional, which is
outlined in the Duties Test.
