March 25, 2019

Remember when all you ever heard from us here at myHRcounsel was: “Be ready for the salary changes to the FLSA exempt employee test!!”  Yeah, me neither.  That’s why I’m updating you on this important issue today.  The new rule proposed by the Department of Labor (DOL) seeks to modify the salary threshold for exempt employees from $23,660 (or $455/week) to $35,308 (or $679/week).  This means that if you have employees who are currently classified as exempt (meaning they are paid on a salary basis and meet the duties test so that they do not need to be paid overtime for hours worked in excess of 40 in week), if this new salary threshold passes muster, you may need to adjust exempt employee’s salary levels to comply with the new rules.  Currently, the DOL is accepting public comment on these rules so things could still be modified again, but this is something all employers will want to keep their eye on – and potentially submit comments to the DOL on.  If you have questions about how to submit comments, whether your employees are exempt or non-exempt, or how you can prepare for these possible changes, contact one of our attorneys at myHRcounsel today. 

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