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DOL Overtime Rule
After engaging in the rulemaking process and considering over 270,000 public comments, on May 18, 2016, the U.S. Department of Labor (DOL) announced that it will publish a Final Rule to update the regulations governing the exemption of executive, administrative, and professional employees (collectively, “Exempt Employees”) from the minimum wage and overtime pay protections of the Fair Labor Standards Act (FLSA). Employers are moving quickly to evaluate their compensation programs in light of the new rule, but in their haste to comply, should take note that they may use nondiscretionary bonuses and incentive payments to satisfy up to 10% of the new standard salary level.
Background
Since 1940, in order to qualify as an Exempt Employee, employees must:
- Be salaried, meaning that they are paid a predetermined and fixed salary that is not subject to reduction because of variations in the quality or quantity of work performed (“the salary basis test”);
- Be paid at least a specific salary threshold (“the salary level test”); AND
- Primarily perform executive, administrative, or professional duties, as provided in the Department's regulations (“the duties test”).
The DOL last updated these regulations in 2004, when it set the weekly salary level at $455 ($23,660 annually) and made other changes to the regulations.
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