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Proposed Amendments to the FLSA: A Primer

By Edward W. Bergmann, Philip M. Berkowitz and Noah A. Finkel

The most substantial changes in more than 50 years to the way employers determine whether they are obligated to pay overtime compensation could well become reality. The United States Department of Labor (DOL) issued proposed revisions to its regulations on the “white-collar” exemptions to the Fair Labor Standards Act (FLSA) on March 31, 2003. If enacted in a version close to their present form, the way you do business could change considerably.

The DOL has invited interested parties and the general public to submit written comments on the proposals by June 30, 2003. The DOL then will evaluate those comments and perhaps modify the proposed revisions. It hopes to enact these revisions to the white-collar exemptions by the end of this year (and certainly before the beginning of the federal campaign season).

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