Preparation is essential . Employers should prioritize identifying the potentially affected positions and thoughtfully and strategically consider next steps , including :
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Analyzing the potential adverse consequences of a change to nonexempt status and implementing changes to avoid these detrimental effects ;
� Avoiding a decrease in compensation and benefits resulting in a change to nonexempt status ;
� Facilitating compliance with the recordkeeping provisions for newly nonexempt employees ;
� Communicating changes in the most positive manner ;
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Considering the effect of an individual ' s change in exempt status on coworkers and particularly subordinates ;
Handling situations where some in the same position already meet the new salary threshold and others do not ; and
� Evaluating whether future roles and functions may change .
In view of the likely challenges to the rule and the possibility that the rule will be enjoined even days before the effective date , employers may want to delay implementing the changes and communications to employees until July 1 to be certain that the final rule goes into effect .
Leslie Selig Byrd is a partner and Deryck R . Van Alstyne is an associate at Bracewell LLP .
The opinions expressed are those of the author ( s ) and do not necessarily reflect the views of their employer , its clients , or Portfolio Media Inc ., or any of its or their respective affiliates . This article is for general information purposes and is not intended to be and should not be taken as legal advice .
[ 1 ] Mayfield v . U . S . Department of Labor , No . 23-50724 .