On March 7, 2019, the Department of Labor (DOL) issued a proposed rule that would change the salary thresholds for certain exempt employees. Under the proposal, the minimum salary level for the “white collar” overtime exemptions would increase from $455 to $679 per week ($35,308 per year). This is significantly lower than the $913 minimum weekly salary level that the DOL set in its 2016 final rule (which never took effect due to a federal court injunction).The proposal would allow employers to use nondiscretionary bonuses and incentive payments (including commissions) that are paid annually or more frequently to satisfy up to 10 percent of the standard salary level. The proposed rule would also increase the salary level for the “highly compensated employee” exemption from $100,000 to $147,414 per year (an increase from the 2016 final rule’s annual threshold of $134,004).
These changes will not take effect until after a final rule is issued. Employers are not required to comply with the proposal, but should become familiar with it and begin identifying which employees may be affected.
The Fair Labor Standards Act (FLSA) requires virtually all employers in the United States to pay overtime wages to employees who work more than 40 hours in a workweek. The FLSA contains certain exemptions to the overtime payment requirements. Among these are the “white collar” exemptions for executive, administrative or professional (EAP) employees and for highly compensated employees (HCEs). In general, an employee may qualify for a white collar exemption if he or she satisfies all three of the following:
The DOL set the currently enforced amounts for the salary level test in 2004. On May 23, 2016, the DOL issued a final rule that would have significantly increased both the standard and HCE salary levels, starting in December 2016. In addition, the 2016 final rule would have further increased those amounts through automatic adjustments every three years. On November 22, 2016, however, a federal court ruled that the 2016 final rule was unenforceable. Therefore, the final rule never took effect, and the DOL has continued enforcing the 2004 salary levels.
In the 2019 proposed rule, the DOL proposed to update both the minimum weekly standard salary level and the total annual compensation requirement for “highly compensated employees” to reflect growth in wages and salaries. The DOL is also proposing revisions to the special salary levels for employees in the motion picture industry and certain U.S. territories. The DOL is not proposing any change to the duties test, despite speculation that it would do so.
The following are key provisions of the proposed rule:
The proposed rule does not provide for any automatic adjustments to the salary thresholds. Instead, the DOL is asking for public comments on the proposed rule’s language for periodic review to update the salary threshold. Any future update would continue to require notice-and-comment rule-making.
Employers who encourage their employees to leverage their available paid time off benefits oftentimes realize increased productivity levels amongst their employee population. Paid time off is often...
Since the pandemic, there has been a growing trend of using extended employee paid time off and sabbaticals in the workforce. To avoid any disruptions in productivity within the organization, it is...