Recently, the Department of Labor’s Wage and Hour Division determined that the Fair Labor Standards Act’s administrative exemption did not apply to mortgage loan officers. This determination, which is a reversal of prior Departmental guidance, is consistent with other recent pronouncements by the Department concluding that the administrative exemption did not apply to a particular position.
Both the Department and, increasingly, the courts have indicated a hostility to this key exemption, particularly as it applies to employees in the financial services sector. Combined with a proposal by the Department that may require a written analysis of exempt status to be provided to each exempt employee, employers in the financial services industry should be particularly careful when asserting the administrative exemption.
Please join us for a webinar that will discuss:
- Recent cases and Departmental guidance interpreting the administrative exemption;
- Positions whose exempt status may be called into question, with potentially disastrous effects;
- How training programs and compensation plans may impact an employee’s exempt status;
- The revival of the “administrative/production” dichotomy; and
- The Department’s proposed rulemaking and what you can do about it.