3. Thoroughly preparing for anticipated DOL changes to
exempt vs. nonexempt status and the explosion of rest and meal break wage/hour
claims –
American businesses are bracing in
2016 for the DOL to issue its final regulations on minimum salary levels for
white-collar exemptions, which potentially could convert over 6 million workers
from exempt to non-exempt hourly employees, regardless of their exempt
duties. Proactive business and Human
Resources professionals are auditing their current exempt employees and
preparing contingency plans to deal with these regulations. In the meantime, however, the onslaught of
class action wage and hour lawsuits continues, unabated. In addition to overtime suits based on
employee misclassifications under the state and federal FLSA, claims of employers
mishandling meal and rest breaks are proving to be fertile ground for plaintiff
lawyers.
Given the explosion of wage and
hour lawsuits, coupled with what could well be monumental changes in employee
classifications necessitated by the DOL’s regulations expected to issue
sometime this year, resolving to conduct an internal audit of employee pay
practices is one New Year’s resolution every employer ought to have high on its
“to do” list.
