One surprising upside to DOL’s overtime rule change

by Christian Schappel

The DOL’s change to the FLSA’s white collar overtime exemptions aren’t all doom and gloom for employers. There’s at least one silver lining. 

This “glass half full” scenario comes from employment law attorney Leonard V. Feigel of the law firm Foley & Lardner LLP.

He said for those looking for a positive spin on the rule change, this could be it:

“The publication of the final rules may provide a hidden opportunity for employers to reclassify some positions that may have changed over the years and may no longer qualify for an exemption.”

In other words, the new regulations have presented employers with the opportunity to audit employees’ job duties against their job descriptions/classifications in an attempt to make sure employees are still properly classified — and, if not, change their classifications using the umbrella of the rule change as a way to minimize any potential legal liability.

It can happen to the best of us

Even the best employers can fall victim to misclassification if they’re not keeping a close eye on the evolution of employees’ work assignments.

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