Jottings By An Employer's Lawyer

Sunday, May 16, 2004

One More Confusing Factor: State Law and the New Part 541 Regulations

I have mentioned several times the confusion caused by the political battles over the Department of Labor's attempt to modernize the regulations which govern the so called white collar exemptions to the wage and hour law. But as if that weren't enough, the AP story this weekend points out yet another layer, the interaction with existing state law. Illinois voted even before the final regulations were published to ignore them. But another 17 states have existing laws which will not be automatically supplanted by whatever version emerges from the Washington political wars. The Las Vegas SUN headline sums it up, New Overtime Changes Spark Confusion and the story lists the states which will stay in flux no matter what finally happens in Washington. Fortunately, Texas is not one. All we have to do is understand the new regulations and any accompanying legislation and have a crystal ball for prognosticating what will ultimately happen on the legislative scene.

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