New Overtime Rules Effective January 1, 2020
In addition to the new minimum salary requirements for executive, managerial, professional and outside sales employees, the “Highly Compensated Employee” exemption threshold will rise from an annual salary of $100,000 to $107,432.
However, the increase in the minimum threshold does not change the requirement that the employees also meet the duties test. Salary is just one part of the test to determine if an employee is exempt. If your employee meets both the salary requirements and the requirements of one of the following categories, the employee can be classified as exempt from overtime:
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- Executive: An employee who manages a recognized department of the business with two or more fulltime employees (or their equivalent) and has duties that are primarily managerial, the employee may be exempt from overtime. The ability to hire and fire staff is not, in and of itself, sufficient to demonstrate managerial capacity. If the employee’s key job functions are the same as the employees he or she supervises, the employee is probably not eligible for the exemptions.
- Professional: Highly educated professionals who work independently fall into this category. This can include doctors, attorneys, certified public accountants, other educated professionals who work independently, and creative people. To qualify, the employee’s primary duty must be the performance of work requiring advanced knowledge usually acquired through a lengthy course of specialized instruction. The work must be predominantly intellectual in character and require the consistent exercise of discretion and judgment.
- Administrative Professionals: This category does not include administrative assistants, but does include employees providing administrative functions such as IT, finance, and human resources. This category includes employees whose primary duty is performing office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers. The employee has to be able to exercise discretion and independent judgment with respect to matters of significance.
- Outside Sales: An employee whose job is outside sales may be exempt if their primary job duty is making sales or obtaining orders or contracts and the employee regularly does their job away from the employer’s place of business. Outside sales people are required to do the majority of their work outside of the office.
The legal information in this blog entry is not intended to be a substitute for seeking personalized legal advice from an attorney licensed to practice in your jurisdiction. Further, nothing contained in this article is intended to create an attorney-client relationship with any reader. This article and website are made available by Waldron & Schneider for educational purposes only and to give basic information and a general understanding of the law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and Waldron & Schneider. The article and website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
Waldron & Schneider wishes everyone a safe and Happy 4th of July. ... See MoreSee Less
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Associate Attorney Collin Bullard writes about the disadvantages of a general partnership in his blog.
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Disadvantages of a General Partnership
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Disadvantages of a General Partnership The Texas Business Organizations Code defines a partnership as “an association of two or more persons to carry on a business for profit.” Whether those indiv...1 CommentComment on Facebook
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Waldron and Schneider wishes Partner Richard Simmons a happy early 50th birthday!!! ... See MoreSee Less
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Congrats, Richard. Make sure to have some fun tomorrow.
HAPPY EARLY BIRTHDAY DAD
Happy Birthday!!🎉🎂
Associate Attorney Collin Bullard writes about the importance of buy sell agreements in his blog.
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The Importance of a Buy/Sell Agreement
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The Importance of a Buy/Sell Agreement Many small business owners understand the importance of creating an LLC or similar entity to protect the individual owners from potential liabilities of the c…1 CommentComment on Facebook
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Congratulations to Emily Simmons (daughter of partner Richard Simmons) who competed in the National American Miss Pageant this weekend! She was the Heart of service Winner!!! 4th runner up overall!! 3rd in Casual wear!!! ... See MoreSee Less
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