The status of exempt and nonexempt employees will be altered in that the number of employees who qualify for exempt status would rise owing to the administrative and learned professional exemption changes. This is because the proposed changes under these categories simplify the criteria used to qualify employees for the exemption status. Considering the proposed changes for the executive exemption and salary test, the number of nonexempt employees is likely to grow (Levin, 2009). In my opinion, the implementation of these changes is likely to benefit employers more.
This is because the proposed changes stretch the criteria that qualify employees for exempt status. For instance the criterion for administrative exemption was considered on a case by case basis yet it was rarely applied whereas the proposed changes would change this. For that reason, employers are likely to use general considerations to ascertain whether an employee is exempt or not. Still, 20% or 40% time on exempt work is purged under the proposed changes. This therefore means that most managers working in such places as retail stores will do non-exempt work for a significant amount of time without getting paid for it.
The proposed changes have led to myriad controversies surrounding the modifications. For instance, Unions and other labor organizations such as AFL-CIO did not welcome these changes since according to them; the proposed modifications would mean that more than 8 million employees, including technical writers and practical nurses were likely to lose their eligibility for overtime pay (Clark, 2003). Considering the possible effects of the proposed changes, I prefer the current law to the proposed changes.
This is because in my opinion, the current law protects the rights of employees who are eligible for overtime pay. The proposed changes on the other hand are likely to reduce the number of employees who are eligible for overtime pay since the criteria qualifying them will leave out such employees as nurses, police officers and fire fighters. Ultimately, these employees will end up doing overtime work without getting paid for it. References Chamberlain J. , Kaufman A and Jones R. , A. (2003).
Coverage under the FLSA. FLSA. Retrieved April 29, 2009 from http://www. flsa.com/coverage. html Clark M. , M. (2003 September). Interest groups far apart on overtime controversy – HR News. HR Magazine. Retrieved April 30, 2009 from http://findarticles. com/p/articles/mi_m3495/is_9_48/ai_108315170/ Levin A. (2009). Fair Labor Standards Act, Proposed Changes. Jones Waldo. Retrieved April 29, 2009 from http://www. joneswaldo. com/scripts/news. html? newsitem_id=6 Wage and Hour Division. (2009). Compliance Assistance- Fair Labor Standards Act. United States Department of Labor. Retrieved April 29, 2009 from http://www. dol. gov/esa/whd/flsa/