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Overtime Rule Update: Employer Guide

The U.S. Department of Labor (DOL) has recently announced significant changes to the regulations governing overtime pay eligibility, impacting millions of American workers. Let’s dive into the key aspects of these revisions and their implications for businesses.

Overtime Rule Threshold Overview

The Fair Labor Standards Act (FLSA) mandates that most hourly workers receive overtime pay at 1.5 times their regular rate for hours worked beyond 40 in a week. However, salaried employees are exempt from this requirement if they meet specific criteria, including a salary threshold.

The DOL’s final overtime rule, effective July 1, 2024, raises the salary threshold from the current $684 per week ($35,568 annually) to $844 per week ($43,888 annually), with a further increase to $1,128 per week ($58,656 annually) on January 1, 2025.

Impacts & Benefits

The revised rule is estimated to benefit approximately 4.3 million workers. Industries such as professional services, healthcare, non-profits, and finance will see the most significant impact.

Automatic Updates

One notable feature of the new rule is the implementation of automatic updates every three years, based on economic data. This mechanism helps to ensure that the salary threshold remains relevant and effective over time, without the need for frequent manual adjustments.

Legal Considerations

While the revised rule provides much-needed relief for workers, it will likely face legal challenges, as seen with previous attempts to raise the salary threshold. However, employers should not wait to see what litigation may bring and should be planning now for the new salary thresholds. Employers should stay informed about potential legal developments and ensure compliance with both federal and state wage laws.

Employer Responsibilities – Prepare Now but Proceed Cautiously

Employers must promptly review and adjust their wage practices to comply with the new rule. This includes assessing employee classifications, tracking hours worked, and managing overtime payments.

In addition, organizations should consider raising affected employees’ salaries to maintain exempt status or prepare for increased overtime costs. Given the near certain legal challenges discussed above, employers should proceed cautiously in terms of rollout or implantation.

Practical Steps for Employers

To navigate these changes effectively, employers should:

  • Review employee classifications and salary levels
  • Consider a transition to non-exempt status for current exempt employees and implement systems to track hours worked and manage overtime
  • Consider salary adjustments to maintain exempt status
  • Update policies and procedures accordingly
  • Provide training on timekeeping practices and compliance requirements

 
By understanding and adapting to these changes, employers can uphold labor standards while maintaining operational efficiency. If you have questions regarding these updates to the overtime rule and want to speak with a KPM advisor, please contact us.

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