Episode 63: Your Fair Labor Standards Act Questions Answered

Episode 63: Federal FLSA Q&A with Attorney, Casey Sipe (@clsemployerlaw)

Two weeks ago we hosted a webinar discussing the proposed changes with regard to the Fair Labor Standards Act and how it will be impacting employers in 2016. Our webinar was extremely popular and unfortunately, we were not able to answer all the questions. This podcast serves as a continuation on the questions asked during the FLSA webinar.

What’s New with the Fair Labor Standards Act?

Casey Sipe was one of the presenters during our recent webinar. He also is a regular contributor over on Blogging4Jobs and happens to be one of my favorite employment law attorneys. Casey walks us through the basic proposed changes with regard to the Fair Labor Standards Act, who is likely impacted and when we should expect these changes are going to be required of employers. The Fair Labor Standards Act proposed changes really come down to compensation for our exempt-level workers, overtime for those who are hourly workers and what employers need to do if an employee’s salary doesn’t meet the minimum threshold.

Casey fields a handful of questions about the FLSA and the Fair Labor Standards Act including the fact that the new minimum salary threshold will be a moving target meaning that it will increase or decrease based on the FLSA and economic conditions. This is a very new and different approach in that the current salary minimum hasn’t been changed since 2004, 11 years ago.

Should You Track Exempt Worker Time?

Because employers will need to determine if they should 1) increase an employee’s salary to the new requirement or 2) move them to an hourly rate with the requirement of paying overtime, there was a great deal of discussion and questions surrounding if employers should begin tracking exempt workers time worked. Casey says yes and walks us through on the podcast why this is important in determining your break even analysis regarding FLSA proposed salary minimums.

In addition to these changes, it’s also important to build a communication plan and strategy for your employees. The comment period by the FLSA for the proposed changes has ended, and employee questions and interest in these changes is growing. Casey as well as myself suggest putting together a series of manager talking point of frequently asked questions to address the concerns posed by your workforce who may or may not be impacted especially with the increased amount of blog posts, articles and media information that will be happening as the new changes and employer deadline approaches. Listen to the podcast to get more insights and answers from Casey regarding the FLSA changes.

Connect with Casey Sipe on LinkedIn.


FLSA Changes and What You Need to Know

First Steps in Tackling the FLSA

Trouble with Off the Clock Work

Legal Termination Guide

How Unions Are Skewing Changes to the FLSA to Win Voting Campaigns 


*A special thank you to my production team at Total Picture Radio.

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Jessica Miller-Merrell

Jessica Miller-Merrell is the founder of Workology, a digital resource that reaches more than a half million HR and workplace leaders each month and host of the Workology Podcast. Jessica lives in Austin, TX, with her husband, daughter, and an assortment of furry family members.


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