New Wage and Hour Regulations May Impact Tribes
On May 23, the U.S. Department of Labor (DOL) issued new wage and hour rules under the Fair Labor Standards Act (FLSA) that most employers, including tribes, will be required to comply with by Dec. 1, 2016.
The FLSA, one of the pillars of U.S. labor law, was enacted in 1938. It provides a minimum wage and standard 40-hour work week for non-exempt workers and requires employers to compensate employees at 150 percent of their hourly wages for hours worked beyond 40 hours in a workweek. Workers employed “in a bona fide executive, administrative, or professional capacity” are exempt from the minimum wage and overtime protections if (1) the employee is paid a fixed salary that is not subject to reduction because of variations in the quality or quantity of work performed, (2) the amount of salary meets a minimum specified amount, and (3) the employee’s job duties primarily involve executive, administrative, or professional duties.