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Saturday, September 19, 2026

Will Legislation Affect the Anticipated Proposed Overtime Rule? - SHRM

A bill that would hike the overtime salary threshold to more than $80,000 by 2027 and have annual automatic updates may have little impact on the U.S. Department of Labor's (DOL's) anticipated overtime rule that's expected this spring, some say. But others say the bill, although unlikely to pass, might affect the rulemaking.

Bill's Provisions

The Restoring Overtime Pay Act of 2023, introduced March 29 by Sen. Sherrod Brown, D-Ohio, would raise the annual overtime salary threshold to:

  • $45,000 beginning on the effective date of the bill.
  • $55,000, as of Jan. 1, 2024.
  • $65,000, as of Jan. 1, 2025.
  • $75,000, as of Jan. 1, 2026.

As of Jan. 1, 2027, the threshold would be an annualized amount equal to the rate of the 55th percentile of weekly earnings of full-time salaried workers nationally, as determined by the Bureau of Labor Statistics starting with data from the second quarter of 2026.

Rep. Mark Takano, D-Calif., and Rep. Alma Adams, D-N.C., introduced the bill in the House of Representatives, and said in a joint statement that the salary threshold could increase to approximately $82,700 by 2027.

Support for Bill

"The salary threshold became woefully out-of-date and ineffective as a result of not being sufficiently updated to keep pace with the changing economy, as evidenced by the fact that 63 percent of all full-time salaried workers were guaranteed overtime pay under Section 7 of the Fair Labor Standards Act of 1938 based on their salaries in 1975, while, in 2022, less...



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