Moving On. Eventually.

First of all, I’m back. Given what a great job Emily did making my life easier and drafting the last 8 or so posts on the FLSA, I’m not sure that me being back is such a good thing for you, but I’m back anyway. And why am I back you ask, why not keep letting some young associate draft these posts? Well let me tell you why. Mostly it’s because after the first of the year all of our new young associates have to start earning their keep. That means billing hours to clients and contributing to the bottom line. And while this little old blog of mine certainly contributes to the bottom line indirectly, it doesn’t do so directly, so all the time spent writing this does not count toward a young associate’s billable contribution to the firm. And while I am sure there are some older lawyers out there that are perfectly happy making a young associate do work that they don’t actually get any credit for, I like to think I am not one of them. So, I’m back. Sorry if you don’t like that. Write Emily, maybe she will start her own blog.

So, is that what the title of this one is all about, moving on from Emily? Sort of, but it means more than that. It means we are moving on from the regular rate and what goes into it and how to compute overtime. There are more regs on that topic, but we have hit the high points, so we are going to leave the detail stuff out and move on to something else. What you say?

Exemptions, that’s what. Yes, after all that time we talked about how you compute overtime, we are going to start talking about who does not have to be paid overtime. And we are going to start with the big ones, the White Collar Exemptions. You all know what they are and we are going to spend some time in them. And before we get into the detail, let’s get one thing out of the way. A lot of you call these people “salaried” employees. That is not right. Just because you pay an employee a salary, does not mean you don’t have to pay them overtime. I am going to explain that over the next couple of weeks. But for now, just take my word for it. But here is one other caution and the reason why we are not just moving on quickly.

The Department of Labor was supposed to have issued new proposed regulations on this very topic by now. And I thought, just by luck mind you, that I had the blog timed pretty well to hit this topic as the proposed regulations came out. Unfortunately, the proposed regulations have been delayed. Here is what we know, nothing. No that’s not true. What the DOL is now telling everyone is that we can expect the proposed regulations sometime this “spring.” Now here in Michigan, that means July. Just kidding, it only feels that way. Hopefully before the end of May. And once we get the proposed rules I will start back up again. In the meantime I’m sure something will pop up to keep us busy.

See you next time.