Important Information Regarding Overtime Changes
LABOR & EMPLOYMENT
PRACTICE GROUP
OVERTIME ALERT! PROPOSED OVERTIME
EXPANSION RULE COULD AFFECT MILLIONS
The Department of Labor (DOL) has announced a proposed
change to the overtime rules that would extend overtime protections to almost 5
million workers in its first year. This would increase the percentage of the
nation’s salaried workforce eligible for overtime from 8 percent to 40 percent.
Currently, the salary threshold for the white-collar overtime exemption is
$23,660 annually ($455 per week). Under the proposed rule, the salary threshold
would increase to $50,440 annually ($970 per week). The DOL intends to increase
the amount annually to keep up with inflation but business leaders and HR
professionals are concerned about employers’ ability to absorb such a drastic
change in such a short amount of time and the impact it will have on already
complicated compensation regulations. Specifically, it is believed this change will
disproportionately affect non-profits, the service sector, and certain
geographic areas of the country.
For highly compensated employees who are currently exempt
from overtime at a $100,000 threshold, the proposed rule intends to increase
that threshold to $122,148 and it is anticipated that number may increase even
more before the final rule is issued. However, the proposed rule fails to
address any changes to the FLSA job duties test which provides that for the
salary exemption to apply, the employee must also have certain primary job
duties to reach exempt status. The DOL is still considering whether revisions
to the duties test are necessary in order to ensure that it fully reflects the
purpose of the exemption.
What could this mean for employers? If the proposed rule
becomes law, exempt salaried employees may no longer be exempt from overtime if
their salaries do not meet these higher thresholds. Employers may need to
revisit and review their overtime policies and compensation schedules.
Have concerns? Add your comments: The proposed rule was published
on July 6, 2015 in the Federal Register (80 FR 38515) and interested parties
are invited to submit written comments on the proposed rule at www.regulations.gov on or before
September 4, 2015. Only comments received during the comment period identified
in the Federal Register published version of the Notice of Proposed Rulemaking
(NPRM) will be considered part of the rulemaking record.
SLG will continue to provide
updates regarding the proposed rule as they become available.
Sources:
1. SHRM, “DOL Announces
Long-Awaited Overtime Expansion Proposal,”
http://www.shrm.org/legalissues/federalresources/pages/dol-announces-ot-changes.aspx;
2. U.S. Dept. of Labor,
“Notice of Proposed Rulemaking: Overtime,” http://www.dol.gov/whd/overtime/NPRM2015/
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