The 2019 Final Rule implements the following changes, which will become effective on January 1, 2020: 1. In many cases, when 50 percent or less work time is devoted to primary jobs, an employee may still be qualified for FLSA exemption if the managerial duties are seen as important when compared to other kinds of work being performing. In the final rule, the Department is: raising the “standard salary level” from the currently enforced level of $455 per week to $684 per week (equivalent to $35,568 per year for a full-year worker); Exempt employees are usually not entitled to get either overtime or the minimum wage. In 2016, the DOL proposed increasing the minimum salary threshold from $23,660 to over $47,476, more than doubling this amount. The 2019 Final Rule increases the new minimum salary level required for the executive, administrative, and professional “white collar” exemptions from $455 a week / $23,660 per year to $684 per week / $35,568 per year (compared to $913 a week / $47,476 per year under the 2016 Final Rule). On September 24, 2019, the US Department of Labor (DOL) finalized its new overtime rule, which is fairly similar to the proposed rule that came out in March. Exempt White-Collar Employees •Executive, administrative, professional, outside sales representative, computer professional •Both salary and duties tests must be satisfied •Minimum salary - $455/week •Duties test – focus is on “primary duty” of exempt work – exempt employees customarily and regularly perform an exempt duty as their Code … This means, that if you have a salaried exempt employee making LESS than $684 per week, effective January 1, 2020, they will need to be reclassified as non-exempt … Public comments were received from March 22, 2019, to May 21, 2019… Regulatory History C. Overview of Existing Regulatory Requirements D. The Department's Proposal E. Final Rule Effective Date III. Background A. These exemptions also apply in Texas. 2. This amount has been updated only once since the 1970s – in 2004. The new overtime rule takes the salary threshold from $455 per week (as established in 2004) to $684 per week. Department of Labor Announced Changes to Exempt Status. While there are exceptions, typically, an employee must meet 3 tests to be exempt: be paid at least $455* ($684 as of 1/1/2020) per week be paid on a salaried basis, and perform exempt job duties. The majority of … This tactic, known as “employee misclassification,” is not only unethical, it is illegal. Section 21.401 of the TEC specifies that an educator employed under a 10-month contract must provide a minimum of 187 days of service, unless the furlough program, as stated under Section 21.4021, is implemented. Those not covered by FLSA are known as exempt employees. To avoid paying this extra money, companies sometimes give their workers “inflated” job titles or just put them on a salary and claim they are exempt from receiving overtime under federal law. Federal law requires that most employees who work more than 40 hours a week receive overtime pay. On September 25, 2019, the Department of Labor announced the anticipated final rule change to the Fair Labor Standard Act (FLSA). Employers with exempt (salaried) employees – do not forget that the Fair Labor Standards Act’s (FLSA) salary threshold increases January 1, 2020 to $684 per week ($35,568). Employees \"primary duties\" are those in which the worker spends more than 50 percent of their time performing during a workweek. Executive exemption. According to the new exempt employee law that went into effect January 1, 2020, all executive, administrative, professional, computer, and outside … A Texas court blocked the Obama era regulation from taking effect in November 2016, and the DOL later abandoned it. Standard Salary Level B. Federal law does not provided overtime pay to all classes of works. Posted in Fair Labor Standards Act (FLSA) On March 7, 2019, the United States Department of Labor (“USDOL”) issued its long-awaited proposed rule that would increase the minimum salary threshold to qualify for exemption from the overtime provisions of the Fair Labor Standards Act (“FLSA”) from their current level of $455 per week ($23,660 annually) to $679 per week ($35,308 … 2018-2019 Minimum Salary Schedule While the issue of whether employees are properly classified as exempt is always an issue that could potentially arise, exempt status is more likely to be called into question if and when the Department of Labor (DOL) goes forward with a proposed increase in the salary amount required to qualify as exempt. Rather, when an exempt employee takes unpaid leave under the Family and Medical Leave Act, an employer may pay a proportionate part of the full salary for time actually worked. The final rule: Raises the salary threshold to $684 a week or $35,568 a year (up from $455 a week or $23,660 a year). As a result of the new threshold proposed by the Department of Labor on March 7, 2019, nearly 1.1 million employees previously exempt from overtime will likely become entitled to overtime based solely on their salary. Special Salary Tests C. Inclusion of Nondiscretionary Bonuses, Incentive Payments, and Commissions in the Salary Level Requirement D. Highly Compensated Employees E. Future Updates to the Earnings Thresholds V. Paperwork Reduction … Salary threshold implementation schedule Salary thresholds for overtime exempt workers are a multiplier of state minimum wage for a 40-hour workweek 2021 Salary thresholds Small businesses: $821.40/week ($42,712.80/year) Large businesses: $958.30/week ($49,831.60/year) When the rule takes effect July 1, 2020 Jan. 1, 2021 Jan. 1, 2022 Jan. 1, 2023 The amount of time the person spends performing exempt tasks and the ability to make decisions without direct supervision are other f… Final Regulatory Revisions A. I. Need for Rulemaking IV. § 541.600(a) [“To qualify as an exempt executive, administrative or professional employee under section 13(a)(1) of the Act, an employee must be compensated on a salary basis at a rate of not less than $455 per week (or $380 per week, if employed in American Samoa by employers other than the Federal Government), exclusive of board, lodging or other facilities.”]; see also Cal. 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