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NEW OVERTIME RULES (2016) 4 Key Points Every “White Collar” Employee Should 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
Richard Celler Legal, P.A.
Who’s Affected By This Rule?
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“Exempt” Employees
Executive Professional
Administrative
Richard Celler Legal, P.A.
• 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:
Richard Celler Legal, P.A.
• 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:
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• 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:
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How Does This Rule Affect “Exempt” Employees?
Richard Celler Legal, P.A.
1. Changes Salary Threshold
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Salary Level
Before After
$455 per week $913 per week
Want To Know What Damages You May Be Entitled? Ask an Employment Attorney (FREE) Here: http://www.floridaovertimelawyer.com/2016-regulation-changes-exemptions-duties/
2. Sets Total Annual Compensation Level for HCE
(Highly Compensated Employee)
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Salary Level (HCE)
Before After
$100,000 annually $134,004 annually
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3. Maintains The Salary And Compensation Levels
(Automatic Adjustments)
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Automatic Adjustments
Before After
None Every 3 years
Source: DOL.govRichard Celler Legal, P.A.
4. Allows Use Of Nondiscretionary Bonuses
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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?
Richard Celler Legal, P.A.
• 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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LEARN MORE ABOUT THE NEW OVERTIME RULE
“We Protect Your Rights in the Workplace,So You Can Focus on Protecting Your Family”
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Richard Celler Legal, P.A.
7450 Griffin Road, Suite 230Davie, FL 33314
Phone: 954-903-7475
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