PPB January 2020

White-Collar Exempt Employees Typical DOL exemptions, commonly referred to as “white- collar” exemptions, are usually classified under the executive, administrative and professional categories. (Again, refer to the DOL Factsheet #17 for more on these exemptions.) What has changed is the minimum salary requirement for these white-collar exemptions— it has increased to $684 per week ($35,568 per year) from the previous $455 per week ($23,660 per year). Up to 10 percent of this new minimum salary level for white- collar classifications can be satisfied with nondiscretionary bonuses, incentive pay or commissions. And outside sales professionals continue to have no minimum salary threshold, so this change doesn’t affect them. As a result of increasing this minimum salary, the DOL estimates that: • 1.2 million workers will become eligible for overtime pay if employers make no adjustments to their pay; and • 2.2 million non-exempt workers will have their non-exempt status strengthened because, even though their duties were close to making them eligible for an exemption, their salary level will now be below the required level. Highly-Compensated Employees Highly-compensated employees (HCEs) are those who, even if they do not meet the duties test of other exemptions, are paid a high enough salary to qualify for an exemption. The DOL is increasing the salary requirement for HCEs to $107,432 per year from the current $100,000 per year. This must include a weekly salary of at least $684 that does Q&AWith Claudia St. John Send your human resources-related questions to ppb@ppai.org . Select questions will be answered in future issues. Q We have an employee who would like to bring a service dog to work with her. Do we have to allow this? A Well, the question of whether you "have to" depends. Under the Americans With Disabilities Act, which applies to companies with 15 or more employees, an employer should attempt to provide a "reasonable accommodation" to a person with a quali ed disability. The act de nes what types of conditions would qualify as a disability. If the individual is eyesight impaired and allowing her to bring a dog to work does not create an "undue hardship" to your company, then yes, providing that accommodation would be reasonable. It's a slippery slope from there. What types of animals are service animals? What level of mental health ailment would qualify someone as having a disability? Our best advice is to get some validation from a medical provider for the need for the accommodation and the bene t it would provide and allow the accommodation as you deem appropriate. Q Do we have to pay an employee for time during a disciplinary meeting? A Yes, you do. Under the Fair Labor Standards Act, employees must be paid for all time working on behalf of an employer. Discussions about performance and other disciplinary discussions are no exception. Essentially, if you require an employee to attend a meeting, whether it’s a disciplinary meeting, a celebration, a meeting about a business situation or even a client holiday party—if their attendance is mandatory—you must compensate them for that time. Q We have a challenging employee. I've been working with him for two years. He has lost the con dence of his team. I've plotted a course for him to improve his performance, but he just refuses to take advantage of the resources and support that we've provided him. I don't know what else to do. What do you recommend? A Fire him. As a manager, you have three essential responsibilities. 1) To make sure your employees know what's expected of them at work; 2) To make sure they have the tools and equipment necessary to do the work to your expectations; and 3) To provide ongoing feedback and guidance. It sounds like you've done all of that, and he has not taken advantage of your support. There's one last piece of advice to remember: you can't change anyone who is unwilling to change; you can only change yourself. If, despite your conversations, interventions and efforts, your employee refuses to do what is necessary to satisfy your expectations, there's one course of action we would recommend: re him. Claudia St. John, SPHR, SHRM-SCP, is president of Affinity HR Group, Inc. | JANUARY 2020 | 93 THINK