The recent changes announced by the Department of Labor regarding salary exemptions under the Fair Labor Standards Act are significant and may impact your operations. Effective July 1, 2024, the salary threshold for exempt employees will increase from the current $684 per week minimum, ($35,568 per year) to $844 per week ($43,888 per year), affecting overtime eligibility. This adjustment means that employees earning less than $43,888 annually will be entitled to overtime pay for any hours worked over 40 in a workweek. Employers are still permitted to satisfy up to 10% of the salary level using nondiscretionary bonuses and incentive payments (including commissions) paid annually or more frequently. The new rule also does not change the “salary basis” or duties tests required for employees to qualify for exempt status. Furthermore, on January 1, 2025, this threshold will rise again to $1,128 per week ($58,656 per year). Additionally, the rule establishes a mechanism for updating the salary threshold every three years, starting July 1, 2027, to reflect wage growth. This ensures ongoing protection for employees and requires you to stay informed about future adjustments.
These changes aim to expand overtime protections and ensure fair compensation for long hours. As store owners, it is crucial to review your payroll policies and consider how this will affect your staffing and budgeting. Employees who were previously exempt may now qualify for overtime. You may need to either raise their salaries to meet the new threshold or reclassify them as non-exempt employees eligible for overtime pay. It's important for employers to comply with these changes to avoid potential penalties and ensure fair compensation for their managers' work time.
The final rule is almost certain to face legal challenges. In addition to traditional arguments that will likely allege the rulemaking process did not satisfy the mandates of the Administrative Procedure Act, it is likely the rule will be challenged as exceeding the statutory authority of the DOL. Of course, we cannot assume that a challenge to the rule will be successful. Accordingly, you should review existing exempt workers’ salaries and identify whether any increases may need to be made to comply with the rule’s increases. We will also keep an eye on any challenges that are filed and be prepared to adjust and adapt as needed.
MHA payroll clients need to submit wage changes (increases of salary OR changing status to hourly) by June 27 at 10:00 CST.
If you have any questions on how to proceed with your exempt employees, please reach out to Andrea Varga at 715-254-9625 or Jody Kohl 715-254-9618.
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