Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: July 6, 2016
The Firm
201-896-4100 info@sh-law.comAs speculated on our BusinessLaw blog, the U.S. Department of Labor recently made a major announcement to increase the minimum weekly wage level for salaried workers eligible for overtime pay. According to National Law Review, as of Dec. 1, companies across the U.S. will face significant changes in payroll. In fact, the salary threshold will increase from $455 to $913 per week, which breaks out to nearly $47,500 per year – up from close to $24,000 annually.
So how do companies adjust? There will likely be a jump in wage and hour lawsuits, which have been on the rise over the past decade. This increase could not only significantly increase the damages and attorney’s fees for defense expenses, but these costs can also exceed the amount of wages in dispute. These extra expenses will come as the result of claims available under the Fair Labor Standards Act.
With these increases in potential liabilities coupled with the increases in overtime pay, companies will need to adjust their compensation levels.
Companies with workers that will be impacted by the new overtime pay rules will need to figure out how to adjust their total compensation. This may include a number of different options, most notably increasing salary levels for those workers so that they reach exempt status.
For many companies, this might not be a feasible option. These firms may decide to convert salary workers to hourly levels to be divided by the standard 40 hour work week. Another option is converting workers from salary to hourly, and then dividing this by the total hours worked in a week.
Another alternative would be to convert workers from salary to fluctuating workweeks. This would effectively enable a company to pay an employee for only hours worked. Some weeks would be less hours, while others would be more.
Finally, an option that companies have is to offer non-discretionary bonuses or commission packages for workers. The new regulations allow these companies to pay up to 10 percent of the new minimum salary amount. This would effectively allow a company to have a worker under non-exempt status but compensate the employee for overtime pay under a commission structure for more work on fewer hours.
Employers need to determine the economic impact of the new rules on executive, administrative and professional-level employees within their organizations. There are alternatives for companies to convert their workers to exempt statuses or shift their compensation schedules for fear of incurring significant increases in overtime pay.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]
Author: Donald M. Pepe

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]
Author: Donald M. Pepe

The five most common real estate disputes are breach of contract claims, landlord-tenant conflicts, zoning and land use disagreements, construction claims, and boundary disputes. Understanding why each arises, and taking preventive steps early, can help property owners, tenants, developers, and investors avoid costly litigation. Key Takeaways: Real estate transactions are complex endeavors involving numerous parties […]
Author: Paul Grossman

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]
Author: George McGowan

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]
Author: Paul Grossman

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]
Author: Paul Grossman
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!