Finally get that promotion? Get exclusive content, tips and tools to help you excel.
Implicit bias occurs when individuals make judgments about people based on gender, race or other prohibited factors without even realizing they’re doing it.
Is your employee handbook keeping up with the changing world of work? With SHRM's Employee Handbook Builder get peace of mind that your handbook is up-to-date.
Build competencies, establish credibility and advance your career—while earning PDCs—at SHRM Seminars in 12 cities across the U.S. this spring.
#SHRM18 will expand your perspective – on your organization, on your career, and on the way you approach HR. Join us in Chicago June 17-20, 2018
Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.
Urban Outfitters Asks Salaried Employees to Work Weekends for Free
The latest chapter in the ongoing war between employers who want as many exempt, salaried workers as possible and advocates for more nonexempt employees eligible for overtime comes from an odd request. Urban Outfitters reportedly asked its salaried employees to pick, pack and ship orders for customers during weekends in October. The request seemed jaw-dropping to some. And made them wonder—is it legal?
DOL Questions About Duties Tests Concern Employers
Already employees must perform the duties of exempt professionals to fit within the white-collar exemptions. But the Department of Labor (DOL) is considering making the duties tests harder to meet, perhaps precisely for the reasons apparent in the Urban Outfitters request—one that seems to attempt to skirt the current looser duties test to get exempt employees to perform nonexempt work.
New Friends in the Lion’s Den
The risk is that the performance of nonexempt work—packing and shipping—will jeopardize the exempt status of participating employees, even under the more lenient, current duties test. So, what can an employer do to make sure it’s complying? One approach, not without some risk, is to collaborate with the DOL on a solution.
Halliburton’s Large Overtime Settlement Followed Self-Disclosure
To-Do List in Response to Proposed Overtime Rule
The proposed overtime rule may make requests like Urban Outfitters’ a relic of the past, as the threshold for exempt workers is being more than doubled to $50,440 per year under the proposal. Employers are scrambling to prepare for the rule’s impact, and hoping that stricter duties tests don’t wind up being imposed because a few employers stretch the limits of exempt work.
Allen Smith, J.D., is the manager of workplace law content for SHRM. Follow him @SHRMlegaleditor.
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Please sign in as a SHRM member before saving bookmarks.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred
Recommended for you
HR Education in a City Near You
SHRM’s HR Vendor Directory contains over 3,200 companies