On Thursday, March 13, 2014, President Obama will direct the Labor Department to revamp their regulations pertaining to overtime requirements. In further pursuit of President Obama’s economic agenda, the proposed regulations would increase the number of people who qualify for overtime, such as fast-food managers, loan officers, computer technicians and other positions that are currently classified as “executive or professional” employees in order to avoid paying them overtime. Currently, employees who make over $455 a week and perform executive tasks (i.e., supervising other employees) may qualify as an exempt employee. The proposed regulations seek to raise the income threshold of $455 a week and require that employees perform a minimum percentage of “executive” work before they can be exempted from qualifying for overtime pay. These new regulations can potentially shift billions of dollars of corporate income to the employees’ pockets.
There are regulations already in place that determine whether an employee qualifies as exempt from receiving overtime pay. Job title does not matter. Therefore, if you are considered a manager, assistant manager, vice president, or any other title that insinuates an authoritative and/or an executive role, you may be entitled to overtime pay. Please contact the employment lawyers at Fitapelli & Schaffer, LLP, (212) 300-0375, to schedule a free consultation to discuss your rights under the Fair Labor Standards Act and the New York Labor Law.