2. Changes To The FLSA White Collar Exemption: Are You Ready?
A Roundtable Discussion
Sponsored by The Greenville Chamber of Commerce
September 22, 2016
Moderator
Julie Godshall Brown
Godshall Professional Recruiting and Staffing
Legal Overview
Tom Bright
Ogletree Deakins
Panel Members
Pam Nalley
Rachael Putnam
Tom Dumit
Gayle Willet
Leslie Hayes
Belk
Goodwill Upstate
Café Enterprises
Cascades Verdae
The Hayes Approach

3. Changes To The FLSA White Collar Exemption: Are You Ready?
Legal Overview
Tom Bright
Ogletree Deakins
300 North Main Street, Suite 500 Greenville, SC 29601
Telephone:

4. The Guaranteed Salary Changes
Changes To The FLSA White Collar Exemption: Are You Ready?
The Guaranteed Salary Changes
From $455/week ($23,660 annually) to $913/week ($47,476 annually)
Automatic updates to guaranteed salary level every 3 years (first in January, 2020)
Effective December 1, 2016

5. Applies to the following:
Changes To The FLSA White Collar Exemption: Are You Ready?
Applies to the following:
Executive
Administrative
Professional (learned and creative)
Computer Professional

6. The Guaranteed Salary Change For Highly Compensated Employees
Changes To The FLSA White Collar Exemption: Are You Ready?
The Guaranteed Salary Change For Highly Compensated Employees
From $100,000 annually to $134,004 annually
Just have to meet one of the requirements of any of the white collar exemptions

7. Changes To The FLSA White Collar Exemption: Are You Ready?
Bonus Provision
Nondiscretionary bonuses, incentive payments and commissions can constitute up to 10% of the guaranteed salary
Must pay 90% of guaranteed salary each week ($821.70/week or $42, annually)
Bonuses must be paid out at least quarterly and make up for the 10%
If bonus for quarter does not meet the 10%, employers can make a one time shortfall payment to bring the weekly salary (plus bonus) to $913/week

8. Bonus Provision for Highly Compensated Employees
Changes To The FLSA White Collar Exemption: Are You Ready?
Bonus Provision for Highly Compensated Employees
Nondiscretionary bonus payments can be used to satisfy the annual salary requirement.
Still must receive $913/week in guaranteed salary
Additional $86,528 annually in nondiscretionary bonuses can be used to elevate someone to the highly compensated employee level

9. Action Plans to Consider
Changes To The FLSA White Collar Exemption: Are You Ready?
Action Plans to Consider
Review all currently exempt positions to ensure they meet the duties test
Convert those who do not meet salary test to nonexempt eligible for overtime
Hourly compensation
Salaried nonexempt with overtime premium
Raise salary levels
Reorganize workloads or work schedules to ensure no overtime
Hire more people to spread the workload

10. Changes To The FLSA White Collar Exemption: Are You Ready?
A Roundtable Discussion
Panel Discussion
Moderator
Julie Godshall Brown
Godshall Professional Recruiting and Staffing
Panel Members
Pam Nalley
Rachael Putnam
Tom Dumit
Gayle Willet
Leslie Hayes
Belk
Goodwill Upstate
Café Enterprises
Cascades Verdae
The Hayes Approach