New Overtime Pay Rules Announced

This morning President Obama and Labor Secretary Perez announced the publication of the U.S. Department of Labor’s final rule updating the overtime regulations, which will automatically extend overtime pay protections to over 4 million workers within the first year of implementation.

As we’ve reported earlier, the new rules focus primarily on updating the salary and compensation levels needed for “Executive, Administrative and Professional workers” to be exempt from overtime pay when they work more than 40 hours in a workweek. 

Key provisions, as described in the Department’s information release:

The Final Rule focuses primarily on updating the salary and compensation levels needed for Executive, Administrative and Professional workers to be exempt. Specifically, the Final Rule:

  1. Sets the standard salary level at the 40th percentile of earnings of full-time salaried workers in the lowest-wage Census Region, currently the South ($913 per week; $47,476 annually for a full-year worker);
  2. Sets the total annual compensation requirement for highly compensated employees (HCE) subject to a minimal duties test to the annual equivalent of the 90th percentile of full-time salaried workers nationally ($134,004); and
  3. Establishes a mechanism for automatically updating the salary and compensation levels every three years to maintain the levels at the above percentiles and to ensure that they continue to provide useful and effective tests for exemption.

Additionally, the Final Rule amends the salary basis test to allow employers to use nondiscretionary bonuses and incentive payments (including commissions) to satisfy up to 10 percent of the new standard salary level.

The effective date of the final rule is December 1, 2016. The initial increases to the standard salary level (from $455 to $913 per week) and HCE total annual compensation requirement (from $100,000 to $134,004 per year) will be effective on that date. Future automatic updates to those thresholds will occur every three years, beginning on January 1, 2020.

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more information

(U.S. Department of Labor website)

 

The Sheridan County Chamber will be providing more information over the next few weeks and months. This change will have far-reaching implications for many of our Sheridan County businesses. We encourage employers to work with their own advisors on implications and implementation for their individual situations. 

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