C&B Footing #2: Exempt or Non-exempt?

As mentioned earlier, FLSA addresses four different areas—minimum wage, record-keeping, child labor, and overtime. In this “footing #2” section, we will focus on the minimum wage and overtime provisions, since ascertaining exempt and non-exempt status is foundational to a discussion of total compensation.

On August 23, 2004, new minimum wage and overtime regulations to the FLSA were enacted.


Interestingly, the DOL website specifically states that these revisions pertain to the overtime and minimum wage provisions of the FLSA. However, the $455 weekly threshold is more than twice the minimum wage that was in effect at the time these regulations passed, and no increase in the minimum wage was included ...

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