New Overtime Rule Changes 2016: What Workers & Employers Need To Know

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NEW OVERTIME RULES (2016)

4 Key Points Every “White Collar” Employee Should Know

What’s The Effective Day Of The Final Rule?

Richard Celler Legal, P.A.

December 1, 2016

Who’s Affected By This Rule?

“Exempt” Employees

Executive Professional

Administrative

• supervise at least 2 employees on an ongoing basis

• have management as the primary task

• have input into hiring, promoting and firing

Exempt Executive Employees:

• typically have highly specialized skills

• might be tasked with more creative job duties (require special skills)

• exercise discretion and make decisions on their own

Exempt Professional Employees:

• work related to managing or operating the business

• work that requires use of their own judgment and discretion

• clerical, office or non-manual work

Exempt Administrative Employees:

How Does This Rule Affect “Exempt” Employees?

1. Changes Salary Threshold

Salary Level

Before After

$455 per week $913 per week

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2. Sets Total Annual Compensation Level for HCE

(Highly Compensated Employee)

Salary Level (HCE)

Before After

$100,000 annually $134,004 annually

3. Maintains The Salary And Compensation Levels

(Automatic Adjustments)

Automatic Adjustments

Before After

None Every 3 years

Source: DOL.govRichard Celler Legal, P.A.

4. Allows Use Of Nondiscretionary Bonuses

Bonuses

Before After

No provision to count non-discretionary bonuses toward the standard salary level

Up to 10% of the salary can come from bonuses or commissions (paid at least quarterly)

Options For Employers?

• Limit workers’ hours to 40 per week

• Raise workers’ salaries above the new threshold

• Pay time-and-a-half for overtime work

• Combination of the above

Employers Can:

Failure To Implement Overtime Changes?

• Private lawsuits• Criminal charges• Civil fines (up to $1,100 per

violation)• “Hot Goods” provision

Compliance Penalties:

Have Questions?

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