The Nov. 22, 2016, court order blocking implementation of the new federalovertime rule’s higher salary level for the executive, administrative and professional (EAP) exemptions arguably does not apply to the rule’s increased salary level for the highly compensated employee (HCE) exemption, some wage and hour attorneys say.
Rather than rely on the HCE exemption, for the time being a safer course for companies is to ensure that the employees’ primary duties satisfy the tests for the EAP exemptions and to pay each exempt employee at the current rule’s salary level at a minimum, said Brett Bartlett, an attorney with Seyfarth Shaw in Atlanta.
