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Do New Overtime Rules Affect Your Small Biz?

New Overtime Rules

Beginning in December, 2016, about 4.2 million more Americans will qualify for overtime pay under new rules from the US Department of Labor. If you own a small business and have full-time employees, there’s a good chance these rules apply to you.

Currently, hourly workers, lower-wage earners, and non-managerial workers must be paid 1.5 times their hourly wage when they work more than 40 hours in a week.

However, under the new rules, you’ll now have to pay overtime to many workers, especially those on salary.

In a nutshell, here’s what the new rules do:

*** Background:

In the 1930’s, in the midst of the Depression, workers were often badly mistreated. To help protect workers, the Fair Labor and Standards Act (FLSA) was enacted.

The FLSA of 1938:

*** “Exempt” versus “Non-exempt” employees:

The purpose of the FLSA is to protect workers from being exploited, but business needs flexibility, so FLSA “exempts” bona fide salaried executive, administrative and professional (EAP) employees and outside sales and many technology employees from overtime pay requirements. After all, it would be silly to require employers to pay overtime to a top corporate executive making hundreds of thousands of dollars a year.

Once a business has an employee, it’s critically important to know whether they’re “exempt” or “non-exempt:”

*** Considerations Driving the Change:

In 1975, FLSA overtime provisions protected 62% of all full-time workers; today, overtime provisions protect only 8% of full-time workers.

The minimum  exempt salary threshold was last changed in 2004. At the same time, the rules regarding executive and managerial jobs were loosened, resulting in many more employees being legally considered “exempt.” Some businesses took advantage of these new rules, resulting in some “supervisors,” especially in fast food and retail regularly working more than 40 hours a week without additional compensation.

On the other hand, many may question the new minimum threshold. After all,  a white collar supervisorial or administrative job paying $20 an hour, or about $41,600, may be considered a very good job in many parts of the country.  Often, employers and employees alike would view having employees working some overtime to complete tasks or to respond to email as fair, not requiring overtime pay.

*** Responding to the new rule:

If you employ salaried, full-time workers who are paid less than $913 per week, you’ll need to decide how to respond to these new rules. Some options:


Copyright, Rhonda Abrams, 2016

This article originally ran in USA Today on May 27, 2016

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