Introduction:

The federal Department of Labor has revised the regulations related to "white collar" exemptions on requiring overtime pay effective August 23, 2004. This means that there are some new conditions that must be met to categorize some of our DHHS employees as "Exempt" vs. "Subject" (Non-Exempt).

Basics:

In determining who is considered "exempt" under the new rules, we'll do two things:

• Check the basic requirements under the salary rules and if the employee meets the salary test, then ...
• Look at the actual duties of the employee (e.g. job description, workplan, recruitment standards, etc.) to compare them to the job duty requirements under executive, administrative, learned professional, creative professional, and highly compensated categories.

What You'll Find Here:

This is a guide and summary of the new rules for our HR professionals and is not intended to be formal policy or a legal reference. Click on the topics to the right to explore each topic area of interest. If you have questions, use the e-mail link at the bottom of the page.