The Fair Labor Standards Act: New Overtime Rules Presented by: Attorneys Sean T. O’Connell and Karyn P. Forbes September, 14, 2016

Agenda Review of New Overtime Rules Changes in the Rules How is Your Business Affected Exemptions How Business Should Respond

What is the Overtime Rule? Unless exempted, employees covered by the Fair Labor Standards Act (FLSA) must receive pay for hours worked in excess of 40 in a workweek at a rate not less than one and one-half their regular rates of pay

The exemptions have not changed What Is Changing? Standard salary level increases from $455 per week ($23,660 annually) to $913 per week ($47,476 annually) Highly compensated employee salary increases from $100,000 to $134,000 The exemptions have not changed

Is Your Business Affected? Are you a covered enterprise? Is your employee a covered employee?

Employee Exemptions To quality for exemption, an employee generally must: Be salaried Be paid more than a specific weekly salary level of $913 Meet duty requirements

Specific Employee Duty Exemptions The Big Three Executive Administrative Professional Additional Exemptions Computer Outside Sales

How Should Your Business Prepare? Review employee salaries and current work classifications Adjust wages Adjust hours Address cultural changes to employee classifications Review timekeeping procedures and trainings for workers that will become non-exempt.

Questions? Sean T. O’Connell soconnell@shaheengordon.com 603-617-3002 Karyn P. Forbes kforbes@shaheengordon.com  603-635-4099 www.ShaheenGordon.com

Sean T. O’Connell soconnell@shaheengordon. com 603-617-3002 Karyn P Sean T. O’Connell soconnell@shaheengordon.com 603-617-3002 Karyn P. Forbes kforbes@shaheengordon.com 603-617-3032 www.ShaheenGordon.com