FLSA Update - DOL Proposed Rules Impact Exemptions for School Employees

FLSA Update: DOL Proposed Rules Impact Exemptions for School Employees

Presented by Richard F. Verstegen, Attorney, from Boardman & Clark LLP.

On August 30, 2023, the U.S. Department of Labor (DOL) announced a notice of proposed rulemaking that would significantly increase salary threshold amounts required for certain employees to be exempt from the federal Fair Labor Standards Act (FLSA) overtime requirements. If finalized, the DOL’s proposed rule will require school districts to either increase salaries for many traditionally exempt non-instructional staff so that they can remain exempt from overtime, or reclassify those employees as non-exempt and pay them overtime. The proposed rules are subject to comment from the public, and the DOL may make adjustments after reviewing the comments. The rules may also be the subject of legal challenges.  Nonetheless, school districts should begin reviewing their practices now to determine whether changes need to be made to comply with the proposed rule.  This presentation will provide an overview of the proposed rules to ensure that your district stays legally compliant with the FLSA. 

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