ARTICLE
1 September 2023

Potential Increase In Minimum Salary For Overtime Exemptions

LL
Liskow & Lewis
Contributor
Liskow is a full-service law firm providing regulatory advice, transactional counsel, and handling high-stakes litigation for regional and national companies. Liskow lawyers are strategically located across the gulf coast region and serve clients in the energy, environmental, and maritime sectors, as well as local and regional businesses in virtually all industries.
The U.S. Department of Labor today issued a proposed rule raising the minimum salary an employee must receive to be considered exempt from overtime under the Fair Labor Standards Act.
United States Employment and HR
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The U.S. Department of Labor today issued a proposed rule raising the minimum salary an employee must receive to be considered exempt from overtime under the Fair Labor Standards Act. The FLSA allows certain exemptions from overtime, but only if the employee receives a minimum salary and performs specified duties.

The new proposed rule seeks to raise the minimum salary amount from its current level of $35,568 per year to $55,000 per year. The public has 60 days to comment before a final rule is issued, which could be several months after the comment period ends. And it is likely that employer groups will challenge any final rule incorporating this increase, as they did, successfully, when the Obama administration issued a similar proposal.

The bottom line is that the salary required to establish an exemption from overtime is likely going up, but not likely before 2024 and not necessarily to the level stated in this new proposed rule. Employers should begin to consider whether they are able to raise salaries for positions currently under the $55,000 threshold or will need to revise schedules to prevent currently exempt employees earning less than that amount from working more than 40 hours per week.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
1 September 2023

Potential Increase In Minimum Salary For Overtime Exemptions

United States Employment and HR
Contributor
Liskow is a full-service law firm providing regulatory advice, transactional counsel, and handling high-stakes litigation for regional and national companies. Liskow lawyers are strategically located across the gulf coast region and serve clients in the energy, environmental, and maritime sectors, as well as local and regional businesses in virtually all industries.
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