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to the new regulations, and for all, it remains unclear
whether the regulations will ultimately take effect, and, if
they do, whether their application will be retroactive to
December 1, 2016.
The bottom line: if you have employees who earn
less than $913 per week and are currently treated as
exempt from overtime, you have some risk that they will
at some point lose that exempt status.
In addition, remember that this amount must be
earned on a “salary basis” in order for the employee to be
considered exempt. It matters less what you call it than
what it is- if the employee’s pay is constant from week to
week even though hours worked varies, that employee is
probably paid on a “salary basis.” If, however, pay is
regularly docked for hours missed, it is most likely not
“salary” even if it is called that in the payroll records.
38| Rules of the Road
