Note: This post is from June 2016 – some information may have changed.
FLSA morale nightmare: Dealing with the “new non-exempt”
Robin Shea, Employment & Labor Insider
But isn’t becoming non-exempt a good thing? Because now these workers will get overtime whenever they work more than 40 hours in a week?
Yes, they will be eligible for overtime, but that won’t not necessarily be viewed as a net “positive.” Studies have shown that many exempt employees who are reclassified to non-exempt view it as a negative change in status equivalent to a demotion. Some may have cuts in their rates of pay to allow the employer to pay overtime without paying more in real dollars. Some may be prohibited from working overtime — in other words, getting all the “penalty” (loss of status) and no reward (overtime pay). Some may lose their flexibility in hours, or their ability to work from home. In addition, the obligation to track their time will be viewed by them (as well as their employers) as a new administrative headache.
In short, the mass reclassification that will have to take effect by December 1 has the makings for an employee morale nightmare.
More on Overtime
- FAQs on Department of Labor’s New FLSA Overtime Rule
- Ask the Expert: Exempt Status of Teachers under New Overtime Regulations
- Employer Concerns About The New Overtime Exemption Rules Aren’t A Myth
- Ask the Expert: Part-Time Employees and the New Overtime Rule
- Volunteers: Can They Really Help Fix Your Issues With New Overtime Rules?
- What Constitute “Incentive Payments” Under the Final Overtime Regulations?
Discrimination of LGBT is Sex Discrimination: EEOC Guidance Clearly Outlines the Commission’s Position
Erin Jones Adams, JDSupra Business Advisor
As discussions regarding the rights of lesbian, gay, bisexual and transgender (“LGBT”) employees in the workplace increase, the Equal Employment Opportunity Commission (“EEOC” or “Commission”) offers guidance concerning treatment of LGBT individuals as a protected class under Title VII of the Civil Rights Act. Last month, the EEOC issued What You Should Know About EEOC and the Enforcement Protections for LGBT Workers (the “Guidance”).
This Guidance clearly establishes the EEOC views claims relating to an employee’s identification as LGBT as potential discrimination pursuant to Title VII, which applies to most employers regardless of any state or local laws. Since only 2013, the EEOC’s guidance claims the Commission has obtained more than $6 million in monetary relief for members of the LGBT community in resolution of sex discrimination claims. And the number of claims is growing. Last fiscal year, the EEOC received more than 1,400 charges that included allegations of sex discrimination related to sexual orientation and/or gender identity/transgender status – a 28 percent increase from the prior year.
More employment law news
- D.C. Office of Human Rights publishes best practices guide for employers on transgender rights
- Watch for increased penalties (for failure to post required notices)
- Second Circuit Rejects Light Duty Program Limited to Job-Related Injuries
- Pennsylvania’s New Medical Marijuana Law And The Workplace
- NLRB on replacing striking workers
- New Mental Health Parity and Addiction Equity Act Guidance from the DOL