Complete Story
03/26/2024
New Overtime Rule Likely Coming Soon
Source: Fisher Phillips, March 14, 2024
More of your employees may be eligible for overtime pay under a new rule that is likely to be finalized in April and could take effect soon. As proposed in August, the Labor Department intends to significantly raise the exempt salary threshold for the so-called “white-collar” exemptions from about $35K to about $55K – meaning your workers will need to earn at least the new threshold to even be considered exempt from OT pay. The White House budget office recently announced that it is reviewing the rule, which is the final step before it is shared with the public. Although the final rule will likely face legal challenges, you can’t bank on a court halting its implementation. Moreover, the higher exempt salary threshold is expected to impact 3.6 million workers, which means you should start planning now. Here’s an eight-step action plan to help you prepare as the rule is finalized.
1. Review Pay Practices and Prepare for Compliance
Under the federal Fair Labor Standards Act (FLSA), employees generally must be paid an overtime premium of 1.5 times their regular rate of pay for all hours worked beyond 40 in a workweek — unless they fall under an exemption. One of the criteria to qualify for an exemption is earning a weekly salary above a certain level.
Currently, the salary threshold for exempt employees is $684 a week ($35,568 annualized) for the administrative, executive, and professional exemptions — collectively known as the “white-collar” exemptions. The DOL’s proposal, if finalized in its current form, would raise the rate to $1,059 a week ($55,068 annualized) or higher depending on cost-of-living adjustments. The proposed rule would also automatically update the salary threshold every three years, which means you’d have to adjust your budget accordingly. These are big changes that will require some planning if you have exempt employees under the white-collar exemptions who earn less than the proposed amount.
2. Work Through Your Decision Tree
Start by creating a list of your exempt employees who currently earn between $35,568 and $55,068 a year. You will have to decide whether to raise their salary to meet the new threshold or convert them to non-exempt status. If you decide to convert them, there are many considerations to take into account and you should work with legal counsel to review:
- how much you will increase pay for affected employees;
- how you’ll calculate the “regular rate”;
- how you’ll handle incentives and bonuses;
- how you will track working hours; and
- how benefits will be affected.
Additionally, you may want to start tracking their actual hours worked now to help you understand the potential impact of converting to non-exempt status as those individuals will need to be paid overtime.
3. Consider the Impact on Employee Morale
Reclassifying employees to non-exempt could have a negative impact on morale. Many employees associate prestige with being classified as an exempt-salaried employee, they like the flexibility that comes with being salaried, and they don’t want to track and record their hours worked. Therefore, employees may view a switch to non-exempt status as a demotion.
Monitoring California SB 343: Protecting the Interests of Print & Packaging Manufacturers
Legislation currently being challenged in California could create new compliance and labeling concerns for companies that manufacture printed products and packaging destined for the California market. While the outcome remains uncertain, Graphic Media Alliance is actively engaged through the Americas Printing Association Network (APAN) and our industry partners at Print Creative Alliance to help protect the interests of our members. Read below for an update on this developing issue and the advocacy efforts taking place behind the scenes on behalf of the printing industry.
Read MoreForests in North America Are Growing
Graphic Media Alliance is proud to partner with Two Sides North America to help promote facts about the sustainability of paper, print, and packaging. According to Two Sides, responsible forest management helps ensure paper products come from renewable resources while supporting wildlife habitats, recreation, and local economies. Read below to learn more and access a helpful resource addressing common myths and facts about U.S. forests.
Read MorePremium Installment & True-Up Reporting for Private Employers
Graphic Media Alliance's Workers' Compensation Program continues to be one of the association's strongest and most utilized member benefits. Through decades of program management, legislative changes, and evolving rating systems, the program has consistently helped members navigate Ohio's workers' compensation requirements while maximizing available savings opportunities. In the article below, Sedgwick's Dave Deyo outlines important deadlines, premium installment reminders, true-up requirements, and key actions employers should take to maintain eligibility for discounts and rebate programs.
Read MoreHow Would Your Business Respond if the Power Goes Out?
When your business can’t run due to a power outage, it can lead to dangerous conditions and costly downtime. Establishing and communicating a strong emergency preparedness and recovery plan can help you and your employees react safely and recover quickly if your business loses electricity.
Read MoreHow Paper Food Packaging Makes Our Lives Safer
Ever notice how nearly impossible it is to open a box of crackers without it being obvious? That's intentional. Modern paper-based food packaging uses a precise combination of materials and adhesives so any tampering leaves an immediate, visible trace. Read more on how good paper packaging works hard, so you don't have to think about it.
Read More
