WASHINGTON – Longtime progressive lawmakers and labor advocates are hopeful that the Biden administration will be more emboldened to expand overtime pay rules in the coming months after a recent Supreme Court ruling in an employment law case and if the president’s new nominee to lead the Labor Department is confirmed.
Some states, including Washington, have already tightened their overtime eligibility rules ahead of any federal action.
At the center of overtime pay regulations is the Fair Labor Standards Act, a law that specifies what types of employees are “exempt” or “nonexempt” from overtime pay. Under this law, eligible employees generally receive at least time-and-a-half pay for any work they put in over 40 hours a week.
Generally, employees are exempt from overtime pay if they make at least $684 a week, or $35,568 a year, and serve in executive roles, according to the Department of Labor’s definition. Nonexempt employees who do not work in executive roles and are typically paid hourly or earn less than the minimum amount defined by the DOL are entitled to overtime.
The Labor Department announced last year in its rule-making agenda that it would revisit the pay threshold and exempt categories. It is expected to announce changes in May, and some are expecting that the Labor Department could significantly raise the salary threshold.
Instead of waiting for federal action, some states are taking matters into their own hands when it comes to expanding overtime...
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