New Overtime Eligibility Rules: Will Your Employees be Affected Come July 2024?

Legal Alert
from Attorney Bob

​It was a busy day in Washington, D.C. today. Hours before the FTC voted to ban non-compete agreements, the Department of Labor (DOL) announced a Final Rule marking a significant update to the overtime regulations under the Fair Labor Standards Act (FLSA).

​This update, effective July 1, 2024, modifies the earnings thresholds for exempt employees, thus expanding overtime eligibility to more workers. According to the DOL, this regulatory change aims to reflect cost of living increases and ensure that employees receive fair compensation for overtime work.

Background

​The FLSA mandates that employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than one and one-half times their regular rates of pay. The last update to the overtime rule in 2019 set the salary threshold below which workers are eligible for overtime, excluding certain "exempt" categories based on their job duties and salary levels. Since then, there has been significant discourse about the need to adjust this threshold to account for economic changes and inflation.

Details of the DOL's Updated Overtime Rule

1. New Salary Thresholds
   • The DOL has increased the salary threshold for exempt employees from the previous level set in 2019. This change means that employees earning below this new threshold are eligible for overtime pay, regardless of their job duties.
     
     
2. Expansion of Eligibility
   1. This adjustment significantly expands the number of workers eligible for overtime, aiming to bolster earnings for lower and middle-income workers who log long hours.
      ​
      
3. Effective Date
   1. The new rule will take effect on July 1, 2024, giving employers ample time to adjust payroll systems and compliance procedures accordingly. The new rule is likely to be challenged, but unless and until it is stayed or overturned, businesses should get ready for the changes.

Strategic Implications for Businesses

With the implementation of these updated overtime regulations, businesses must take immediate steps to ensure compliance by the designated effective date. Employers should:

• Audit Payroll Practices: Review current salaries and adjust payroll practices to meet the new thresholds. This may involve raising salaries to maintain exempt status for certain employees or restructuring work hours to manage overtime costs.
  
  
• Review Employee Classifications: Reassess which employees are classified as exempt under the new salary criteria to ensure all classifications are accurate and comply with the updated rule.
  
  
• Update HR Policies and Training: Inform HR teams and management about the changes to ensure proper tracking of hours and overtime pay. Update employee handbooks and training materials to reflect these new policies.
  ​
  
• Financial Planning and Budgeting: Consider the financial impact of increased overtime payments on operational budgets and project costs. Planning will be crucial to accommodate the potential increase in labor costs without sacrificing business objectives.

NextGen Legal Has You Covered!

Fortunately for NextGen Legal Fractional Employment Counsel subscribers, this work is all covered in your subscription package!

Not a subscriber? Contact us to learn more or to customize a package for your business. 

WHLA members receive 20% off per month on all NextGen Legal subscriptions for a year with discount code: WHLA. The first five companies to sign up for NextGen Legal’s Fractional Employment Counsel subscription will receive a lifetime discount of $1,000 off per month with discount code: WHLAGC.

Conclusion

The Department of Labor's update to the overtime regulations marks a significant shift in the labor landscape, aiming to enhance worker protections and adapt to current economic conditions. As with any regulatory change, preparedness is key to smooth transitions. Our firm is prepared to assist your organization in adjusting to these new rules, ensuring compliance, and minimizing any disruption to your operations.
​
Please contact us to discuss how these changes affect your business and explore strategies for effective implementation.

Note: This alert is not legal advice. It provides an overview of the law’s key components, but there are other nuanced areas of the law that may apply to your business. For additional information, visit the DOL’s press release here.

---

About Attorney Bob

​Bob Sanders is an Attorney and the founder of NextGen Legal. After spending over a decade in BigLaw, working with clients of all sizes across the US, he became acutely aware of the recurring barriers that deterred businesses from seeking proactive legal advice: shrinking legal budgets competing with escalating fees. This realization spurred Bob to create NextGen Legal, a firm designed to eliminate these barriers and provide clients with the high-quality legal advice they need, exactly when they need it. 

At NextGen Legal, we're transforming the traditional law firm model. Bob’s extensive experience in labor and employment law has been instrumental in shaping a service that offers both day-to-day legal counsel and rapid response for emergent issues. We strive to empower our clients with the knowledge and strategies necessary to navigate the legal landscape effectively and make confident employment decisions, without the fear of unexpected costs.
​
Rated a Rising Star by SuperLawyers (an accolade reserved for only 2.5% of attorneys in Wisconsin), Bob provides strategic legal advice and counsel to companies of all sizes, helping business leaders make confident, informed decisions. His expertise spans employment law, regulatory compliance, litigation, safety, corporate strategy, and risk mitigation. Bob excels in transforming complex legal challenges into clear, actionable business solutions, offering strategic guidance to leadership teams.

---