How should employers respond to the changes during the implementation period?
A. Employers are given 120 days to comply with the new regulations to define and delimit section 13 (a)(1) exemptions. During this period, employers should perform an analysis at least for employees currently classified as exempt, to determine if employees meet the new rules for exemption from minimum wage and overtime pay under 29 CFR Part 541. Rather than try to make a connection on a individual basis from the old short/long tests to the new FairPay test, it may easier to perform the new FairPay test alone to determine if the employee is classified correctly.
