By Dana Stripling, J.D., Of Counsel, Garlo Ward, P.C.
www.garloward.com
Posted December 2, 2003
Congressional leaders charged with drafting legislation to fund the U.S. Department of Labor (DOL) for FY 2004 have dropped from their appropriations bill a provision that would have prevented DOL from implementing some of its plans to change the Fair Labor Standards Act’s (FLSA) “white-collar” exemption rules (29 C.F.R. Part 541).
Until the provision was struck from the legislation Nov. 21, a stalemate between the White House and lawmakers over the issue had held up passage of a $284 billion multi-agency appropriations bill. President George W. Bush had threatened to veto the entire funding measure if it contained the FLSA amendment language.
The amendment would have withheld federal funding for any changes to the FLSA regulations that would have moved currently “nonexempt” workers to the status of “exempt” under the country’s federal wage and hour law. Workers who are exempt from the FLSA do not have to be paid premium overtime wages when they work more than 40 hours per week. Many “Assistant” and managerial employees at health care facilities who are now entitled to overtime pay may become “exempt” under the DOL proposed rules. We will keep you updated about the proposed rules and what impact they may have on your facilities.
All information in this article is informational only and is not legal advice. Should you have any questions or a situation requiring advice, please contact an attorney.
Copyright 2004 by Garlo Ward, P.C., all rights reserved
Austin, Texas 78752-3714 USA
Telephone: 512-302-1103
Facsimilie: 512-302-3256
Email: Info@Garloward.com
