New Proposed Overtime Rules Issued by the Department of Labor
The Department of Labor has issued its new proposed overtime rules. The press release can be reviewed here and the notice of proposed rules here.
Some highlights:
- Increases exempt (salaried) employees from $455 to $679 per week (equivalent to 35,308 per year);
- Highly compensated employees (HCE) increase from $100,000 to $147,414 per year;
- “Nondiscretionary bonuses and incentive payments (including commissions) that are paid annually or more frequently” may satisfy up to 10% of the minimum salary requirement for the exemptions.
While this isn’t the final rule, and there may be some changes yet to come, employers and employees should expect a significant increase in an exempt employees threshold.
As a reminder, Florida’s minimum-wage rate increased in January 2019 to $8.46 an hour and at least $5.44 an hour for employees receiving tips. This increase is from $8.25 an hour.
Employees that are not paid the new minimum wage may bring a civil action against their employer that is in violation of Florida’s minimum wage law.
Theron Simmons, Esq.
