PDA

View Full Version : FLSA Changes Effective Dec 1... What are you doing?



SharkTank
11-21-2016, 09:00 AM
What are you doing to make changes to your payroll for your exempt employees making less than the new minimum wage? Our brewer is on a salary and works about 50 hours each week. We are going to have to make some changes with the advice of our accountant. What are you doing?

AT-JeffT
11-21-2016, 09:19 AM
https://www.brewersassociation.org/wp-content/uploads/2015/04/Power-Hour-Exemptions.pdf

Above is a link to a BA presentation about the FLSA. This was created before the Dec 1 2016 update.

As for your situation. It is likely your brewer was misclassified as exempt even before the Dec 1 update. Employees must pass both the duties test and the salary test to be exempt. The FLSA tries to be clear that manual laborers aren't exempt. If your brewer's primary duty is to turn valves, move hoses, etc. Then he is non-exempt even if he passes the salary test. Unless your brewer's primary duties are supervision is is unlikely that they can be classified as exempt.

As for business owners, it would seem you have two options. 1) Pay your employees overtime for >40hrs. 2) Have your employees work less than 40 hrs and have additional staff to supplement the additional hours needed.

The brewery I work for has decided to go with option 2.