The U.S. Department of Labor (DOL) has recently unveiled a proposed overtime rule that aims to redefine the compensation landscape for millions of workers nationwide. This initiative, which seeks to amend the Fair Labor Standards Act (FLSA), has been met with both anticipation and skepticism from various quarters.

A Significant Jump to the Current Overtime Rule Threshold

Central to the proposed overtime rule is a substantial increase in the minimum salary threshold for overtime eligibility. The DOL has proposed a new threshold of $55,068 per year, marking a significant rise from the existing $35,568. This change is expected to extend overtime protections to an estimated 3.6 million salaried workers, potentially altering labor costs and business models across various industries.

This proposed adjustment is not just a dollar increase but represents a paradigm shift in how businesses approach compensation and planning. The increase, amounting to nearly $20,000, necessitates reevaluating business models and staffing levels, with companies facing increased labor costs. The proposal, which mandates overtime pay for most salaried workers earning less than $1,059 per week, is expected to usher in a new era of wage regulations, impacting sectors ranging from manufacturing and retail to healthcare and social services (HR DiveWorldatWork).

Overtime Implications for Highly Compensated Employees

The proposed overtime rule also outlines a significant increase in the total annual compensation requirement for highly compensated employees (HCE), raising it to $143,988 annually. This adjustment is part of a broader initiative to ensure fair pay and prevent potential future misalignment.

Natalie Bare, a class action and employment law litigator for the Duane Morris law firm, noted that the proposed rule aligns with what the DOL had previously indicated, including an increase to the standard minimum salary level and the highly compensated employee total annual compensation threshold. She emphasized that the absence of changes to the job duties tests allows employers to focus on adapting to the new salary thresholds, which are expected to significantly impact all industries that utilize the executive, administrative, and professional exemptions (WorldatWork).

Automatic Updates for Future Overtime Rules

A notable feature of the proposed overtime rule is the introduction of an automatic update mechanism, which would adjust both the standard salary and highly compensated employee thresholds every three years based on current wage data. This provision aims to keep the thresholds relevant and aligned with the evolving market trends, thereby preventing unmanageably large and burdensome adjustments in the future.

Erika Johnson, Director of Work, Rewards & Career at WTW, highlighted that the proposed rule represents a 55% increase over the current threshold. She also noted that the automatic review and increasing the threshold every third year would enable employers to anticipate and prepare more effectively for future changes. This move is seen as a way to address the historical deficiencies of the FLSA in keeping the threshold relevant and tied to actual salary levels observed in the market (WorldatWork).

Potential Challenges and Legal Hurdles with the Proposed Overtime Rule

Despite its well-intentioned objectives, the proposed overtime rule is expected to face several legal challenges. Critics argue that the substantial increase in the minimum salary threshold could potentially put lawful exemptions out of reach for certain employers, particularly those situated outside large metropolitan areas. Moreover, the rule might disproportionately impact small employers and specific industries such as hospitality, retail, and healthcare.

Lee Schreter, a shareholder at Littler Mendelson P.C., echoed these concerns, stating that the proposed rule could significantly impact small employers, nonprofits, and industries recovering from the COVID-19 pandemic. She added that the proposed salary levels might make the congressionally established exemptions out of reach for many employers, especially those outside large metropolitan areas. Schreter criticized the DOL’s attempt to avoid engaging in notice and comment rulemaking on any future salary increases, labeling it as a “blatant attempt” based on a “false premise” (WorldatWork).

Preparing for the Overtime Rule Change: Recommendations for Employers

As the proposed overtime rule inches closer to becoming law, it is imperative for businesses to start preparing for the potential changes. Experts recommend a proactive approach, which includes reviewing current pay practices, adjusting payroll systems, and considering modifications to employee benefit programs. Employers should also focus on employee communication to smooth transitions and maintain morale.

Laurie DuChateau, who leads the U.S. Compliance Consulting Practice at Buck, a Gallagher company, suggested that employers might need to reevaluate positions, particularly for first-line supervisors and managers, to ensure compliance with the new thresholds. She recommended employers consider conducting a pay equity analysis to identify and address potential disparities proactively. DuChateau also emphasized the importance of clear communication with employees to manage expectations and maintain morale during the transition (WorldatWork).


The proposed overtime rule represents a significant shift in the U.S. labor market, with far-reaching implications for both employers and employees. As the rule undergoes further scrutiny and public commentary, how it will shape the future of employee compensation in the country remains to be seen. Employers are urged to stay abreast of developments and proactively plan to navigate the potential changes successfully.

Sources: HR DiveSHRMWorldatWork


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