In general, under the Fair Labor Standards Act (FLSA), a person must satisfy three criteria to qualify as exempt from federal overtime pay requirements: first, they must make a salary; second, that salary must be more than $684/week ($35,568 annually); and third, their “primary duty” must be consistent with those common to executive, administrative, or professional positions.

On April 23, 2024, DOL released its final rule altering the overtime pay regulations under the FLSA. The rule makes significant changes to the regulations governing who qualifies for the “executive, administrative, and professional” (EAP) – or “white collar” – exemption. The workers who qualify for the white collar exemption are not eligible for overtime pay for any hours over 40 worked in a given workweek.

DOL’s new rule:

• Increases the minimum salary threshold twice;
  • The first increase raises the threshold to $43,888, a 23% increase over the current threshold. This increase goes into effect on July 1, 2024, giving employers only two months to come into compliance.
  • The second increase, which goes into effect on January 1, 2025, raises the threshold to $58,656, representing a nearly 65% increase over the current threshold. DOL landed on this threshold by using a new methodology for calculating the minimum salary threshold – tying the threshold to the 35^th percentile of weekly earnings for full-time workers in the lowest-wage census region (the South).
• Increases the highly compensated employee (HCE) total annual compensation threshold twice; and
  • The first increase raises the threshold from the current $107,432 to $132,964, a nearly 24% increase. The increase goes into effect on July 1, 2024.
  • The second increase raises the threshold to $151,164, a 40% increase over the current threshold. The second increase goes into effect on January 1, 2025.  DOL used a new methodology to determine this threshold as well. It represents the 85^th percentile of weekly earnings of full-time salaried workers nationally.
• Automatically updates both thresholds every three years by tying them to their respective percentiles of weekly earnings.

The threshold increases are significant and will impose massive increases in labor costs for employers. This will be especially problematic for small businesses and for organizations operating on fixed budgets, such as public employers and non-profits, forcing them to cut critical programming, staffing, and services. Many employers will be forced to reclassify employees from salaried to hourly, resulting in reduced career advancement opportunities and flexibility in the workplace. These changes will lead to low employee morale and productivity, hurting businesses even further. The American people will see more increases in prices for goods and services as well as diminished customer service.

Automatic updates, moreover, will mean DOL will increase the threshold regardless of the economic circumstances at the time. This will inevitably exacerbate any economic problems, like today’s supply chain disruptions, worker shortages, and high inflation. Forced increases in labor costs at economically vulnerable times will have dangerous consequences.

Importantly, the last update to the overtime regulations was completed only four years ago when the Trump administration proposed a reasonable increase to the minimum salary threshold. The Trump-era DOL was forced to act after the Obama administration had proposed and finalized a dramatic and unprecedented increase to the threshold in May 2016. The Obama administration tried to implement an increase of over 100%, from $23,660 per year to $47,476. That increase was so out of line with past increases and the intent of the FLSA that a federal judge invalidated the rule.

Proof of the negative impact of drastic changes to the overtime regulations can be seen in the sheer number and variety of organizations and industries that submitted comments to DOL on the new rulemaking. PPWO itself is composed of a range of industries representing private sector businesses, nonprofit organizations, higher education institutions, and state and local public entities. It’s clear that radical changes to the overtime regulations would negatively impact every aspect of the economy.