The U.S. Department of Labor has announced a proposal to revise the regulations relating to the white-collar exemptions from overtime and minimum wage under the Fair Labor Standards Act (FLSA). In the Notice of Proposed Rulemaking (NPRM), the DOL proposed increasing the standard salary threshold and the highly compensated employee total annual compensation threshold for those workers exempt under the white-collar exemptions, as well as providing an automatic updating mechanism to adjust the thresholds every three years.
The proposed new rule would increase the standard salary level from $684 to $1,059 per week, which equates to $55,068 annually for a full-year worker. This is more than a 50% increase from the current threshold of $35,568 a year. The proposals would also increase the highly compensated employee total annual compensation threshold from $107,432 to $143,988. The DOL stated in the NPRM that the proposed rule would result in overtime pay for an estimated 3.6 million additional workers.
The NPRM also proposes automatically updating the salary threshold every three years to reflect current earnings data. Every three years, the DOL will publish a notice in the Federal Register and on the Wage and Hour Division’s (WHD) website at least 150 days before the date of the update of the standard salary level and the highly compensated employee total annual compensation requirement. The 150 days’ notice serves to provide employers with sufficient time to make any...
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