Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

What You Need to Know About the New Overtime Wage and Hour Rules

Author: Scarinci Hollenbeck, LLC

Date: May 27, 2016

Key Contacts

Back

The Department of Labor (DOL) has made an important announcement on new overtime wage and hour rules

The long-awaited Department of Labor ruling bringing on new overtime wage and hour rules was just made public, according to The National Law Review. This will mean that certain positions within a company may now be subject to overtime pay, which could significantly increase wages, effective Dec. 1 of this year.

While the salary thresholds are slightly less than the originally proposed amount, the new figure is set to double the current minimum wages for overtime pay.

Now more than ever, companies need to examine their operations to assess wage increases and the potential impact of reclassification of certain positions to non-exempt status. Furthermore, companies need to consider how these rule changes will affect exempt employees within their organizational structure.

The potential impact

With a significantly higher wage threshold as part of the new rules, many companies may prefer to switch their wage structure from salaries to hourly workers. This will enable them to accurately track work hours more carefully. The rules will also prompt companies to keep a closer eye on work hours for non-exempt employees as they approach 40 hours per week.

Perhaps the biggest impact will be on productivity. Companies may bring in part-time workers to account for the productivity gap created by non-exempt employees. This is particularly true for smaller businesses that cannot afford overtime. The rules may also force some companies to reduce wages due to the increased overtime pay, which will be the equivalent of time and a half.

The new rules

The salary threshold works as such: workers are entitled to overtime pay that is equal to the 40th percentile of weekly earnings generated by full-time employees in the lowest wage bracket in the country. That will increase the salary threshold for full-time employees who make $23,666 per year to $47,476. Per week, that works out to a bump from $455 to $913. Finally, the new rule will also raise the salary threshold on the “highly salaried employee” exemption to $134,004 per year. These salary thresholds will then be subject to revisions every three years, which may very well mean increases.

What companies should do

Upon implementation of the rule, there will be a grace period. Currently, that grace period will be 60 days from its publication in the Federal Register, which was set for May 23. It is assumed that the government may extend the grace period to as much as 120 days after publication, but that is yet to be determined.

Regardless, this is still a very short amount of time to adjust to such a major change. So companies should examine how their previously exempt positions will be affected. They may also elect to increase wage levels, convert exempt positions to non-exempt and vice versa or restructure their entire organization to reflect the changes. The new salary requirements may prompt many companies to avoid overtime pay altogether within their payroll systems. These companies will also need to file written notice as part of state law if they commit to any of the changes listed above.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
IP Infringement: What Steps Can You Take If You're Affected? post image

IP Infringement: What Steps Can You Take If You're Affected?

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]

Author: Michael Mietlicki

Link to post with title - "IP Infringement: What Steps Can You Take If You're Affected?"
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next post image

Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]

Author: Sean M. Pena

Link to post with title - "Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next"
BESS Interconnection: Managing Grid, Cost, and Schedule Risk post image

BESS Interconnection: Managing Grid, Cost, and Schedule Risk

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]

Author: Nicholas Wall

Link to post with title - "BESS Interconnection: Managing Grid, Cost, and Schedule Risk"
Navigating Director and Officer Liability in Times of Financial Distress post image

Navigating Director and Officer Liability in Times of Financial Distress

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]

Author: Michael Mietlicki

Link to post with title - "Navigating Director and Officer Liability in Times of Financial Distress"
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey post image

Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]

Author: Nicholas Wall

Link to post with title - "Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey"
What Business Owners Get Wrong Before Meeting a Litigation Attorney post image

What Business Owners Get Wrong Before Meeting a Litigation Attorney

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]

Author: Michael Mietlicki

Link to post with title - "What Business Owners Get Wrong Before Meeting a Litigation Attorney"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

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!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!