SAN FRANCISCO, CA (August 17, 2004) -- Employers across the country are scrambling to beat the clock to comply with new overtime rules, which go into effect on Aug. 23. The U.S. Department of Labor announced its new regulations for white-collar workers on April 20.
Attorneys at Littler Mendelson, the nation's largest labor and employment law firm, are finding that many employers are requiring more time than the 120 days provided for meeting the new regulations and will not be in compliance by the Aug. 23 deadline.
Littler Mendelson recommends the following for those companies unable to meet the deadline:
- Act in good faith. Even if you won't make the deadline, you should conduct the necessary investigations and make the appropriate changes to meet the new regulations.
- Have a system in place for auditing job classifications and job duties.
- Get it right. It's better to be late and be accurate than to meet the deadline and not have the right employee classifications.
- Get it done as soon as you can. The next best alternative target date is Oct. 1, the start of the federal government's new fiscal year.
Those companies that fail to comply with the new regulations could be subject to overtime back pay, liquidated damages amounting to double the back pay owed, attorneys fees and costs, and they could leave themselves open to Department of Labor proceedings or employee lawsuits.
About Littler Mendelson
With more than 400 attorneys and 28 offices in major metropolitan areas nationwide, Littler Mendelson is the largest law firm in the United States devoted exclusively to representing management in employment, employee benefits and labor law matters. The firm's client base ranges from Fortune 500 companies to small-business owners. Established in 1942, the firm has litigated, mediated and negotiated some of the most influential cases and labor contracts in the nation's history. For more information, visit www.littler.com.