The comment period for the United States Department of Labor’s proposed new regulations regarding the white collar exemptions closed on Friday, September 4. For more detail on the proposal, please see the excellent piece by our colleague Jason Reisman.
The WHDI submitted a comment regarding the proposed new regulations, which can be found here.
In short, we believe that the proposed new regulations are a bad idea. Contrary to DOL’s rationale, the regulations do not simplify the interpretation of the FLSA, are seriously flawed, will lead to more (not less) litigation, have significant hidden administrative and employee morale costs, and, contrary to impression created by publicity, do not obligate employers to increase an employee’s total compensation under the FLSA when converting from exempt to non-exempt status.