Fair Labor Standards Act

White Collar Exemptions - Changes

The U.S. Department of Labor’s Wage and Hour Division revised 29 CFR part 541, defining the scope of the Fair Labor Standards Act (FLSA) §13(a)(1 exemptions. FLSA §13(a)(1) provides and exemption from minimum wage and overtime pay “any employee employed in a bona fide executive, administrative, professional, or in the capacity of outside salesman”. These exemptions are often referred to as the “white collar” exemptions.

The regulation will:

• Up-date salary levels used in determining exemption to $425 per week.
• Revise the duties test used to determine exemption

To see a complete full-text copy of DOL’s regulations go to www.dol.gov/esa/regs/fedreg/proposed/2003007449.pdf

The regulation has no effect on FLSA Section 13(a)(3) Exemption for Seasonal Amusement or Recreational Establishments under the Fair Labor Standards Act. For more information about this exemption, visit the Department of Labor

How this effects camps:

• Exempt staff must be paid a base salary of $425 per week
• Board and lodging can not be added to the base salary

Questions? Contact Rhonda Begley at rbegley@acacamps.org.