U.S. Department of Labor Issues Final Overtime Rule

In March 2019, the U.S. Department of Labor (“DOL”) announced a Notice of Proposed Rulemaking that, if passed, would increase the minimum salary thresholds to qualify for the Executive, Administrative, and Professional Exemptions, often referred to as the “white collar exemptions.”  Following public comments and listening sessions on the proposal, the DOL has issued a Final Overtime Rule.  Although announced on September 24, 2019, the Final Overtime Rule will not take effect until January 1, 2020.

The Final Overtime Rule updates the standard salary thresholds necessary to exempt Executive, Administrative, or Professional employees from the minimum wage and overtime requirements set forth in the Fair Labor Standards Act (“FLSA”) by:

  • raising the “standard salary level” from the currently enforced level of $455 per week to $684 per week (which is equivalent to an annual salary of $35,568 for a full-time worker);
  • raising the total annual compensation level for “highly compensated employees (“HCE”)” from the currently-enforced level of $100,000 to $107,432 per year; and
  • allowing employers to use nondiscretionary bonuses and incentive payments (including commissions) that are paid at least annually to satisfy up to ten percent (10%) of the standard salary level, in recognition of evolving pay practices.

The DOL stated that these changes are intended to account for and reflect growth in employee earnings, since the currently enforced standard salary thresholds were set in 2004.

Although the Final Overtime Rule does not take effect until January 1, 2020, employers should begin planning now for the change.  Employers should analyze whether increasing a certain employee’s salary is feasible in order to maintain the applicable exemption, or if their business is better served by reclassifying the employee as non-exempt and paying the employee overtime when required.  If you have any questions about the Final Overtime Rule and how it will affect your business, give us a call.

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