As many of you know, we have closely followed the U.S. Department of Labor’s changes to the Fair Labor Standards Act’s (FLSA). Recently, the DOL revised the  annual salary-level threshold from $35,568 to $58,656, to be effective  January 1, 2025 for white-collar exemptions to overtime requirements.

Additionally, effective July 1, 2024, the salary threshold will increase to $43,888. Employees making less than the salary-level threshold, such as hourly workers, can be eligible for overtime if they work enough hours. 

Starting July 1, 2027, the department also will automatically increase the overtime threshold every three years.

To be exempt from overtime under the FLSA’s “white collar” executive, administrative and professional exemptions—the so-called white-collar exemptions—employees must be paid a salary of at least the threshold amount and meet certain duties tests. If they are paid less or do not meet the tests, they must be paid 1 1/2 times their regular hourly rate for hours worked in excess of 40 in a workweek.

SO forward thinking employers must decide whether to raise the salary of those employees who earn above the overtime threshold under the old standard, but below it under the new standard so they remain exempt. Employers that choose not to raise these employees’ salaries should be prepared to pay overtime to these employees when they work more than 40 hours in a workweek. Schedules for those employees whose salaries are not raised above the new threshold may need adjusting to limit overtime costs. Careful communication should be rolled out to explain why employees formerly categorized.

As always, please call us with any HR question!