Mark's Message

Mark's Message

2 articles in marksmessage

Think Before You Not Renew Your FLSA Section 14c Special Minimum Wage Certificate

Missed Opportunity

An Opportunity Missed Twice


            The USDOL has now missed twice an opportunity to truly update the regulation that determines who can be salaried exempt. The current regulation has 15 year-old salary test and duty tests that are based on the 50-year old manufacturing era of America, not the retail and service industry that dominates today work place.

            The Obama Administration attempted a revised regulation with an unreasonably high minimum salary test, double the previous minimum, that doomed it from the start. And, there was no attempt to update the duty test. If only the Obama DOL had imposed a more realistic minimum salary test and updated the duty test, we probably would have the regulation today.

            The Trump DOL has also missed an opportunity. While the proposed minimum salary is more reasonable, there was no attempt to update the duty test.

            Litigation has already been promised from both organized labor and employers to stop the revision, despite the proposed more reasonable salary.

            Who knows when we will get a revised regulation that meets the needs of today’s workplace?

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