![]() |
||||||||||||
![]() ![]() |
||||||||||||
08/2004 |
Impending Regulations May Affect Overtime Pay |
|||||||||||
New federal Fair Labor Standards Act (FLSA) regulations set to take effect August 23 may require AIA member firms and architects to make changes to help ensure they are properly paying overtime to their employees. The new U.S. Department of Labor rules update which employees, including many “white collar” workers, are exempted from receiving overtime pay at time-and-a-half rates after working more than 40 hours in a week.
The department has worked to clarify the definitions of the employment classifications and exemptions, particularly the ever-ambiguous “administrative” exemption. The “duties” test can be found on the DOL Web site. What does this mean to me and my firm
or component staff? For some positions the exemption determination may be relatively easy, but, when in doubt, it behooves the employer to take extra care to make sure they get things right. “There are many positions at the cusp of eligibility for overtime or for losing overtime benefits,” Viehmyer advises. “The process requires a lot of due diligence to determine how a position should be classified.” This is the first time the rules have been updated in decades and Congress still may seek to block their implementation. Viehmyer notes that these new regulations are a reminder of the need for firms of all size to be aware of fair labor and employment practice laws and vigilant in the evaluation of jobs and position descriptions. Misclassifications can lead to litigation, fines, penalties, and other expenses. Copyright 2004 The American Institute of Architects.
All rights reserved. Home Page |
|
|||||||||||
![]() ![]() ![]() ![]() ![]() |
||||||||||||
![]() |
![]() |
![]() |
![]() |