The Department of Labor’s (DOL) new overtime regulations go into effect in just a couple of weeks – December 1, 2016, which we’ve discussed many times over the past six months:
To qualify for exemption, employees must meet two “tests” – a wage test and a duties test. In order for an exemption to apply, an employee’s duties and wages must meet all the DOL’s requirements. A quick overview of the requirements may be found here.
With new definitions of who is and is not exempt, as well as a number of other adjustments to overtime, every HR professional needs to be able to hit the ground running come December. Recent headlines tell us that the DOL is indeed enforcing the FLSA. A jury in Arkansas upheld a $5.8 million award against Tyson Foods for their “failure to maintain accurate time records.” The class of plaintiffs alleged that they “were not paid overtime for time spent donning and doffing protective gear.”
This case is a reminder for all employers, large and small, of their responsibility to keep proper records of nonexempt employees’ wages and hours. If you don’t have accurate records, it can be difficult to defend against an FLSA lawsuit. Be prepared.