Breaking: DOL Final Overtime Rule Increases Minimum Salary Threshold for Exemption

As we have previously reported, this change comes as part of the US Department of Labor’s (DOL) highly anticipated final rule on standard salary levels, which it announced on April 23. The final rule also increases the Highly Compensated Employee exemption total annual compensation threshold to a minimum of $132,964 per year, including at least $844 per week paid on a salary or fee basis, and further includes a mechanism providing for future updates to these earnings thresholds to reflect current earnings data.

Looking to next year, employers should be prepared for another increase on January 1, 2025, which raises the standard salary level to $1,128 per week (equivalent to $58,656 per year) and the Highly Compensated Employee total annual compensation threshold to $151,164 per year, including at least $1,128 per week paid on salary or fee basis. Beginning on July 1, 2027, and every three years thereafter, the final rule empowers the DOL to make future updates to the pay thresholds to reflect current earnings data.

For context, the current rule (effective before July 1) requires a salary minimum of $684 per week (equivalent to $35,568 per year) for the Executive, Administrative, Professional, Outside Sales, and Computer Employees exemptions, and $107,432 per year for the Highly Compensated Employee exemption. Employers are reminded that an employee must meet the minimum salary threshold under both the FLSA and any state statutory scheme to qualify for exemption.

Companies should evaluate their current compensation practices and employee classifications to avoid violations of the FLSA’s minimum wage and overtime regulations and associated penalties.

For more information, please contact any member of the ArentFox Labor, Employment & OSHA practice, or the attorney who regularly handles your matters.