More US workers to qualify for overtime pay

1.3 million winners and 2.8 million losers from Trump’s new overtime rule

More US workers to qualify for overtime pay

The five-year fight to expand overtime pay to millions of workers is over.

The Department of Labor just released the final rule that will require businesses to pay overtime wages to a much larger group of employees if they work more than 40 hours a week. It’s a win for the estimated 1.

3 million workers who will now be compensated for putting in long hours — but it’s a bitter defeat for the 2.

8 million others who would’ve also gotten overtime under the original rule proposed by the Obama administration.

It's here–the new DOL overtime rules, which look to be pretty much in line with the proposed rules. It's bittersweet. A real let down from the Obama rules (especially the automatic increases), but at least it finally updates the 2004 salary levels.

— Jeff Hirsch (@WorkLawProf) September 24, 2019

Up until now, only blue-collar workers and professionals who earn less than $23,000 a year can earn overtime pay under federal law, with some exceptions. That means they get paid 50 percent extra when they work more than 40 hours in a week. The new rule raises the salary threshold to $35,568. Un the original proposal, future changes to the threshold will not be tied to inflation.

In 2014, the Obama administration tried to double the threshold to include workers earning up to $47,000, tying future changes to the cost of living. The idea was that a dramatic expansion was needed because the government hasn’t raised the salary limit to keep up with inflation.

For example, the $8,060 salary limit set in 1975 was the equivalent of about $50,440 in 2014— far above the current $23,000 threshold.

That means that over the years, more and more Americans have been working extra hours without getting paid for them, which is exactly what federal labor laws meant to prevent.

The overtime rule created a lot of drama

Obama’s decision to double the salary limit created quite an uproar. In brief, here’s what followed: Powerful business groups freaked out.

They then joined 21 Republican-controlled states to sue the administration before the rule went into effect in 2016. The rule was put on hold during the legal dispute.

A federal judge in Texas invalidated it in 2017, arguing that the Labor Department didn’t have the authority to make such a drastic change.

Companies were relieved, and workers were furious.

And instead of appealing the Texas court’s ruling in 2017, Trump’s labor secretary at the time, Alexander Acosta, said he would create a watered-down version of Obama’s rule.

Now the agency is only lifting the salary limit from $23,000 to about $35,000 and scrapping the cost-of-living increases; that means about 2.

8 million of the 4 million workers who expected to get overtime benefits won’t get them.

Christina Animashaun/Vox

Richard Trumka, president of the AFL-CIO labor federation, called the new rule “disgraceful.”

“[This] is part of a growing list of policies from the Trump administration aimed at undermining the economic stability of America’s working people,” he tweeted in March when the Trump administration revealed its scaled-back version of the rule.

The White House’s decision to approve the change is the Trump administration’s latest victory in its quest to undo Obama-era regulations meant to benefit workers.

The overtime rule has been repeatedly weakened in the past 80 years

The concept of overtime pay, just the minimum wage, didn’t exist in federal law until President Franklin D. Roosevelt pushed for the New Deal labor protections in the wake of the Great Depression.

The Fair Labor Standards Act of 1938, which established a federal minimum wage and overtime benefits for the first time, was meant to end sweatshop-style conditions in US factories and lift millions of Americans poverty. The overtime benefit, in particular, was supposed to discourage employers from overworking their employees, by making it cheaper to hire an extra worker than have one employee work 80 hours in a week.

But the problem with the law, which is the case with most federal labor laws, is that benefits aren’t indexed to the changes in cost of living.

Business groups have been quite effective in keeping it this way, making sure Congress and the executive branch make the fewest adjustments possible.

That’s one reason the federal government has raised the overtime salary threshold only a handful of times. For example, in the 1970s, federal overtime benefits covered about 65 percent of salaried workers, according to the National Employment Law Project. Today, fewer than 7 percent of workers can earn overtime.

That’s why labor groups pushed the Obama administration for such a sharp increase. By doubling the salary threshold, the new rule would have ensured that the bottom 40 percent of salaried workers will qualify for overtime — a boon to many in the food-service industry and others at the lower end of the labor market.

Businesses were up in arms about Obama labor rules

The new overtime rule is the latest example of the Trump administration’s efforts to loosen Obama-era worker protections through business deregulation.

Since Trump took office, the Department of Labor has delayed the fiduciary rule, which would have required financial advisers to always act in the interest of their clients.

It has also tried to delay or cancel other labor rules, including one that restricts how employers can distribute a worker’s tips and another that required businesses to share more details of work-related injuries and illnesses.

Obama’s overtime rule was another controversial one. When the administration announced plans to expand overtime to 4 million more workers in 2014, businesses were outraged. The Chamber of Commerce blasted the proposal, saying that the dramatic rise in overtime costs would put thousands of employers business.

Here’s what the chamber’s president, Thomas Donohue, said at the time:

These added costs would mean fewer opportunities for growth and could even result in a curb on hiring. And employees — those who the rule purports to “help” — may gain overtime eligibility, but they are ly to lose hours, health care and retirement benefits, opportunities for advancement, flexible work schedules, and actual income earned.

Employers united against the rule change, though business groupssaid they were open to a smaller increase. Labor unions pushed back, arguing that therule announced in 2014 didn’t go far enough. They pointed out that if the overtime pay threshold had been adjusted for inflation since 1975, it would be over $55,000 today.

The Obama rule was finalized in December 2016, and 21 Republican-controlled states immediately sued. Those states eventually won when a judge invalidated the rule in 2017, saying that such a drastic change needed congressional approval.

Acosta promised to increase the salary threshold, just not as much as Obama did. That’s why he proposed this latest watered-down version.

To be sure, it’s great for the 1.3 million workers who make between $23,000 and $35,000 and will now get paid for the long hours they put in.

Marianna Foral, a social worker for at-risk youth in Omaha, Nebraska, who earns $32,000 a year, was one of more than 100,000 workers who urged the Department of Labor to raise the overtime threshold to include salaried professionals her, who work long hours for such little pay that they qualify for food stamps.

Here’s what she wrote in September 2017, after the Labor Department asked the public to comment on the revised overtime rule:

I have 60 children on my caseload. … I am accountable to greater than 180 people every day. Family problems and crises do not work a Monday through Friday, 9 to 5 schedule with a one-hour lunch break. I can be called in on evenings, weekends, early mornings.

I am thankful to have management that encourages I maintain a 40 hour work week for my own self-preservation, but sometimes it is impossible to do that and still give adequate oversight to the families to which I am accountable.

This is in addition to the fact that I barely make enough to make ends meet – in addition to the fact that I and other coworkers are using the same social and welfare programs (SNAP, Section 8 Housing) to close the gap between our low salaries and actual needs.

Though I love where I work, I speak for myself, my coworkers, and colleagues in the non-profit field who are systematically taken advantage of to work more than our salaries outline though we remain uncompensated.

All in all, the Labor Department says the new rule will transfer about $400 million from US employers to their workers each year for the next 10 years. That should have a minimal impact on businesses. The $1.5 trillion tax cut Congress gave them in 2017 will surely cover it.

The change goes into effect on January 1, 2020.

Correction: A previous version of this article included a graphic that incorrectly stated which workers are eligible for overtime pay.

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Federal Overtime Rules Are Changing – Here’s What You Need to Know

More US workers to qualify for overtime pay

Introduced in 1938, the Fair Labor Standards Act (FLSA) is a federal law which regulates minimum wage, overtime, equal pay, recordkeeping, and child labor.

The FLSA generally requires employers to pay employees at least the minimum wage for all hours worked, and overtime pay at a rate of 1.5 times the employee’s regular rate of pay for hours worked over 40 in a workweek. Certain employees are exempt from the minimum wage and overtime requirements.

How to Correctly Classify Your Workers

The guide for classifying different types of workers.

The New Federal Overtime Requirements

On September 24, 2019 the US Department of Labor (DOL) issued its long-awaited final overtime rule, which the agency estimates will result in making 1.3 million more Americans eligible for overtime pay. The effective date of the rule is January 1, 2020.

The most major change passed by the DOL involves the minimum salary requirements for FLSA overtime exemptions. Under current federal law, the minimum salary threshold to qualify for the executive, administrative, and professional exemptions is $23,660 annually/$455 per week. The new rule will increase that minimum salary threshold to $35,568 annually/$684 per week.

Additional key changes include:

  • Increasing minimum annual compensation requirement for the highly compensated employee exemption from $100,000 to $107,432 (at least $684 a week paid on a salary or fee basis).

  • Allowing employers to use nondiscretionary bonuses and incentive payments (including commissions) paid at least annually to satisfy up to 10% of the required standard salary level for exempt executive, administrative, and professional employees.

  • Revising the special salary levels for workers in U.S. territories and the motion picture industry.

It’s important to keep in mind that state and local laws often impose different or additional requirements. Employers must comply with the applicable federal, state, or local law that provides the greatest employee rights and protections.

Exempt Employees

An exempt employee is an employee who is exempt from overtime pay and/or minimum wage.

The most common FLSA exemptions are referred to as “white collar” exemptions. What’s a white collar exemption? The term commonly refers to exemptions for executive, administrative, professional, outside sales, and computer professional employees.

In general, an employee must meet all the standards of three different tests to qualify as exempt from minimum wage and overtime pay.

Those three tests include:

1. Job duties

For each exemption category, there’s an associated job duties test set forth in the FLSA regulations. The job duties tests have many detailed components that are specific to each white collar exemption.

Most exemptions, though, require that the employee regularly exercise discretion and independent judgment in performing her job duties. Some states have different duties requirements than those under the FLSA.

2. Salary basis

Next, there’s the salary basis test. In general, an exempt employee must be paid a fixed salary for certain exemptions. That means their salary won’t reduce due to the quality or quantity of work they perform. Be sure to check applicable state law as the salary basis requirements may vary.

3. Salary level

With limited exceptions, an exempt employee must be paid a salary that meets the minimum threshold under the FLSA. Several states have salary thresholds that are higher than the FLSA, so check the laws in the states where you have employees to make sure you’re getting this right.

Related Article: A Simple Guide to Exempt vs Non-Exempt Employees Under the FLSA

Calculating an Employee’s Overtime Pay

Under the FLSA, overtime must be paid at 1.5 times an employee’s regular rate of pay. However, that rate isn’t always as straightforward as it might seem.

According to the Code of Federal Regulations (CFR): “The regular hourly rate of pay of an employee is determined by dividing [an employee’s] total remuneration for employment (except statutory exclusions) in any workweek by the total number of hours actually worked by [the employee] in that workweek for which such compensation was paid.”

In other words, the regular rate is calculated as an hourly rate of pay, but is not simply the employee’s customary hourly wage or hourly equivalent if paid a salary–the regular rate includes all compensation paid to, or on behalf of, employees, except for certain exclusions expressly permitted by the FLSA.

This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.


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