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FLSA Regulations 21 Days Away Despite Attempts to Delay

Posted on: November 10th, 2016 | Category: Government Regulatory & Compliance Issues, Human Resources, Our Blog, Payroll/Benefits

DOL overtime rule changes FLSA myHR blogT minus 21 days, folks.


That’s just three weeks until the rule changes set by the United States Department of Labor (DOL) in its final rule updating the Fair Labor Standards Act (FLSA) overtime regulations go into effect. This is despite attempts at the end of September to delay the start with a bill passed in the House of Representatives.

These are big DOL overtime rule changes.

According to Fast Company, the percentage of full-time salaried employees that will now be eligible for overtime pay will jump from 7% to 35%. The DOL estimates that over four million American employees will be impacted by these new standards. Other estimates, like that of Economic Policy Institute, go as high as 12.5 million workers.

While our regular readers and fellow HR-minded businesspeople have known about the historic proposed DOL overtime rule changes for some time, far too many employers are confused or unaware of the true effects this ruling will have on their workplace as of December 1, 2016. “We have personally seen from the FLSA audits, reviews and questions we have handled since the changes were first proposed in 2014 that employers have a lot to examine within their workforces that they have not had to pay much attention to for many years, if ever before,” says Tina Hamilton, PHR, president of myHR Partner.

What’s the Magic Number?

The FLSA regulations require that employers pay overtime (time and a half on anything over 40 hours worked in a workweek) to full-time salaried contact us

executive, administrative and professional employees making $47,476 annually ($913/week) or less. (There are extremely few exceptions to this requirement.) That’s roughly double the old salary level needed for overtime exemption. While there are measures pending in the House and Senate opposing the new overtime rule, we don’t recommend that anyone hold his or her breath on this one.

Employers all over the country will now need to take a good hard look at all their salaried employee wages, and functions to make sure they are compliant with the new ruling. It’s more than likely time to get your company up to speed, too.

We do FLSA reviews and offer support services.

A comprehensive examination of your organization’s overtime situation is essential. You need to know what exactly what within your company is affected by the new DOL rulings, and then how best to manage compliance in a way that makes sense right now, and in the long run.

Our overtime compliance services are thorough, targeted and done by experienced and knowledgeable HR experts. They include:

  1. Review of job descriptions and job analysis to assure they match and keep you compliant
  2. FLSA review of your salaried employees to determine if they are properly classified which match the new DOL overtime requirements
  3. Both short-term and long-term planning for any changes in pay and structuring needed by the December 1st deadline, and into the future.

Remember: ready or not, you’ve got 21 days.


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