Jump to Navigation

Safe Harbor Under the New FLSA Regulations

Mary Elizabeth Davis

Under the Fair Labor Standards Act (FLSA) improper deductions will defeat the exempt status of all employees in the same job classification working in similar situations. This type of inadvertent administrative error could be costly for employers whose exempt employees work long hours. The new FLSA regulations provide for a "safe harbor" which will protect the exempt status if the employer inadvertently makes improper deductions from an exempt employee's salary in violation of the new regulations. To ensure that employers receives the benefit of the safe harbor provision, employers should add provisions to their employee handbooks or other policies which state that the employer intends to comply with all FLSA deduction requirements and which direct employees to report any suspected improper deductions to the human resources department. For additional information, please contact Betsy Davis.

October 5, 2010 - Mike Rothermel will speak at a seminar in Richmond, Practical Guide to Zoning and Land Use Law

August 20, 2010 - Michael Yager, a Legal Assistant in our Litigation Section, spoke at a NALA LIVE! presentation on electronic discovery, "E-Discovery - Slow Down the Train" 

August 5, 2010 - Four Spotts Fain lawyers named in Best Lawyers in America, Meade Spotts, Hugh Fain, Robert Chappell and Dana McDaniel.

August 2, 2010 - Spotts Fain attorney, Lee Stephens assisted clients with first Fort Pickett Army Compatible Use Buffer (ACUB) conservation easement held by a State agency.

July 28, 2010 - Lessons on Charitable Conservation Contributions from Schneidelman v. Commissioner, by Robert Allen and Lee Stephens.

July 2010 - Spotts Fain congratulates Brian Marron, who begins his term as President of the Greater Richmond Bar Foundation.

July 9, 2010 - 'Much Ado About Nothing' - Bilski v. Kappos, by Bob Barrett.

June 23, 2010 - We are proud to announce that six Spotts Fain lawyers were named in the Virginia Super Lawyers list for 2010 and six named Virginia Rising Stars.

June 21, 2010 - Section 1031 Update - Exchange Facilitators Act is effective July 1, 2010, by John Anderson

June 19, 2010 - You may be required to notify your employees of their right to join a union, by Betsy Davis.

June 15, 2010 - Spotts Fain Creditors' Rights lawyers spoke at a Virginia Association of Community Banks Teleseminar on Bankruptcy and Collections

May 24, 2010 - Virginia Supreme Court Affirms Circuit Court Decision Confirming Arbitration Award in Dispute Involving a Limited Liability Company, by Andrew Oxenreiter and John Anderson.

May 18, 2010 - Health Care Reform - Priorities for Employers 2010 by Elliot Fitzgerald

May 13, 2010 - Mark With Care: The Rise of § 292 False Patent Marking Lawsuits, by Bob Barrett.

April 23, 2010 - Business people should be aware of the consequences for violating the Foreign Corrupt Practices Act (FCPA).

April 23, 2010 - Bob Barrett presented The $612.5 Million Question: How to protect your intellectual property at the Greater Richmond Chamber.

April 7, 2010 - The Spotts Fain Intellectual Property Team welcomes Bob Barrett to our growing practice group.

April 1, 2010 - We are very pleased to announce that Connell Mullins has been elected a shareholder of the firm and Deborah Fourness has been elected a director. 

January 27, 2010 - We are proud to announce that Spotts Fain Managing Director, Hugh M. Fain, III has been elected Chair of the Board of Governors of the Virginia Bar Association

Spotts Fain Consulting Practice Areas