518-373-4111
With the upcoming implementation of the new FLSA overtime rules on December 1st of 2016, many employers will be changing some employees’ status from exempt to non-exempt to comply with the change in minimum salary threshold.
Among other things to consider when changing an employees status is the requirement of New York’s Wage Theft Prevention Act which provides that all new hires receive a notice detailing their rate of pay (which also includes applicable overtime pay), the day of their regular payday, and how their pay is calculated (by the hour, etc.). Any time an employee’s pay information is altered, a new notice must be provided to the employee reflecting the changes, which the employee must sign and return to the employer. Employers that will be changing the status of any employees due to the FLSA changes will need to provide Wage Theft Prevention Act notices for re-classified employees.
Employers need to keep this front-of-mind when making any changes to an employee’s status, but with particular attention to changing employees from exempt to non-exempt as their rate of pay and overtime eligibility will be impacted as a result of re-classification.
For more information, visit our FLSA Overtime Rule Resources page, or contact us at (518) 373-4111 to learn how GTM keeps clients compliant with wage laws.
