Magazine article HRMagazine

DOL Questions about the Duties Test

Magazine article HRMagazine

DOL Questions about the Duties Test

Article excerpt

Although the Department of Labor (DOL) did not modify the standard duties test for exempt status in its proposed overtime rule, the department has posed numerous questions and remains "very interested" in making it harder to meet, said John Thompson, an attorney with Fisher & Phillips in Atlanta. Inquiries include:

** What, if any, changes should be made?

** Should employees be required to spend a minimum amount of time performing work that is their primary duty to qualify for the exemption? And if so, what should that minimum be?

** Should the DOL look to California law as a model? That state requires that more than 50 percent of an employee's time be spent exclusively on work that is the employee's primary duty. Is some other threshold that is less than 50 percent of an employee's time worked a better indicator of the realities of today's workplace? …

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