Jeffrey (Jeff) H. Ruzal, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was quoted in SHRM, in “Lawsuit Tests DOL’s Authority Regarding Overtime Rule,” by Leah Shepherd.
Following is an excerpt:
An ongoing lawsuit in federal district court is challenging whether the U.S. Department of Labor (DOL) can apply a salary requirement for workers who are exempt from overtime. The DOL defended its use of the salary test in recent court filings. …
Tips for Employers …
Under the FLSA, employers that willfully and repeatedly misclassify workers as exempt may face up to $1,000 in civil penalties for each violation and may be criminally prosecuted for willful violations of the law. Employers may also have to pay all unpaid overtime owed to the affected employee(s) going back three years prior to the date of the claim, as well as liquidated damages.
"When considering exempt or nonexempt classification decisions, employers should equally consider the duties and salary tests. The DOL does not overlook the duties requirement simply because the salary threshold has been met or even far exceeded," said Jeffrey Ruzal, an attorney with Epstein Becker Green in New York City.
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