The U.S. Department of Labor (DOL) is in the process of amending the overtime exemption rules under the Fair Labor Standards Act (FLSA). Currently, the FLSA provides an exemption from overtime pay for employees who meet certain tests regarding their job duties and who are paid on a salary basis at no less than $455 a week.
This new rule would dramatically increase the number of employees eligible for overtime pay by the end of 2016. Under the proposed new regulations, the threshold for exempt status would go from $23,600 per year ($455 per week) to $50,440 per year ($970 per week) – an amount in the 40th percentile of earnings for full-time salaried workers, according to the Bureau of Labor Statistics (BLS). The DOL estimates that this increase in salary threshold for exempt status would affect approximately five million workers, making them eligible for overtime pay. In California alone, 420,000 workers would be affected.
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