New Overtime Regulations:
How to Implement the Rule Changes
Rule changes are coming.
Prep yourself on the new compliance.
In this interactive online training, you will learn how to:
- Prepare for the costly new overtime rules.
- Avoid the overtime trap the Supreme Court set.
- Self-audit jobs to assure properly classified exempt status.
The DOL intends to raise exempt salary level, entitling millions to overtime or big raises.
Right before Labor Day 2023, the Department of Labor proposed expensive new overtime regulations that are expected to raise the salary level for exempt employees high enough to blow any labor budget. In addition, the proposed regs call for an automatic increase in the salary level for exempt administrative, executive, professional and highly compensated employees every three years. Those increases would not require the DOL to draft and issue proposed regulations for comment before new implementation.
The Fair Labor Standards Act (FLSA) has been around for nearly a century. It provides for a federal minimum wage, plus sets rules for which workers are entitled to overtime, among other rules. The law and its regulations are an established part of the HR landscape. If the proposed regulations kick in, the salary required for most exempt classifications will rise to $1,059 per week, or $55,068 per year. Highly compensated employees would see their annual pay increase to a whopping $143,988.
But wait — there’s more. The DOL also says that the salary figures may go significantly higher before the final rule comes out — and that the current figures are essentially placeholders. Employers must make choices now in anticipation of final regulations. Will you raise salaries to the new proposed level — whatever that level may end up being — and plan for automatic increases every three years, or will you reclassify some as hourly employees, making them eligible for overtime?
Don’t expect much help from the Supreme Court. It recently ruled that a very well-paid oil industry worker was paid a handsome daily rate instead of a weekly regular salary. According to the Supreme Court, that was a big mistake. Because he wasn’t paid on “a salary basis,” he didn’t qualify as exempt. His employer owes him overtime at $2,011.50 per hour!
Webinar Agenda
- The proposed Biden OT regulations: What’s included, what isn’t changing.
- How high can salaries go with indexing? Here’s the metric you need to watch.
- What the White House learned from the last failed overtime reg rollout and won’t repeat, making it highly likely that proposed rules will go into effect.
- Simple steps to avoid the Supreme Court salary basis trap.
- Why you should self-audit all your exempts’ job descriptions now to determine whether you should reclassify some as hourly rather than raise their pay.
- If you haven’t taken advantage of the bonus credit for exempts, why you may want to do so soon.
- The single most effective way to cut overtime risk and punish workers who don’t follow the rules.
- Why telework creates new overtime risks and what you can do to cut that risk.
- Why Congress may amend the FLSA, hike minimum wage and tighten overtime rules in an election year.
Get answers to YOUR questions from presenter…
Anniken Davenport, a noted employment law attorney and the editor of HR Specialist: Employment Law. She has authored several books, including Bullet-Proof Your Employee Handbook and Overtime & Other Tricky Pay Issues. She is also co-author of the upcoming Labor & Employment Law for the 21st Century, by Prentice Hall. Anniken has served as a professor at Penn State University, where she taught business law and HR management, and she directed the Legal Studies Program at Wilson College. Her legal career includes representing government units in discrimination and other employment law cases and representing school districts in labor negotiations.
Registration bonuses included:
Everyone who registers will receive our white paper, Overtime Labor Laws, which explains how overtime is covered by the federal Fair Labor Standards Act. The FLSA has been updated and amended numerous times since being implemented in 1938 and now incorporates more rights like protections against discrimination, the Equal Pay Act, and more.
You'll also receive one month of exclusive access to The HR Weekly – our comprehensive service with all the HR advice and compliance tools to simplify your job … and to keep your organization out of court. So that you continue to benefit from The HR Weekly, we will continue your subscription after that for the then current rate, unless you tell us "no, thanks" – your choice.
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