Last week, the Wage and Hour Division of the United States Labor Department delivered a Notice of Proposed Rulemaking (NPRM) to raise the salary threshold for overtime from $23,660 to $50,440.
The proposed regulation would affect over five million employees, who would become entitled to time-and-a-half pay for every hour worked beyond 40 hours per week.
Currently, the Fair Labor Standards Act states that employees throughout the United States are entitled to overtime pay when they work more than 40 hours a week, but the law exempts a class of “white-collar” employees from earning overtime.
In order to prevent companies from simply naming every employee a manager or supervisor to avoid paying overtime, the law also sets a minimum salary threshold of $23,660, under which an employee must be paid overtime, regardless of his or her title and duties.
The proposed overtime rule currently:
However, the following aspects of the proposal are still being clarified:
The request for public input means that many aspects of this rule are likely to change.
Yes—right now, the overtime regulations do not provide an exemption for small businesses, and the rule will also apply to non-profits. Any enterprise with an annual gross volume of sales made or business done of $500,000 is currently and will likely continue to be required to pay overtime.
Don’t worry, this doesn’t mean your payroll expenses will double tomorrow. We estimate that the regulation will likely go into effect in spring of 2016.
Here’s a timeline to track the overtime regulation’s progress:
End of mandatory 60-day comment period
First week of November
End of potentially extended comment period (if you’d like to comment on the rule, you can do so here)
Spring 2016-Early 2017
Estimated effective date (timing is at the Administration’s discretion and potential legal or legislative action can further delay implementation)
Regardless of when the overtime regulation goes into effect, you can ensure you’re compliant by properly classifying your employees, then implementing payroll and time tracking software early on. Learn more in our comprehensive eBook, The Must-Have Guide to Overtime & FLSA.