Will salaried employees receive overtime?

Southwestern HR Consulting (SWHRC) previously reported that the Department of Labor (DOL)
was holding listening tours this last spring regarding the potential of changes to the exemption
status under the Fair Labor Standards Act (FLSA). The federal regulatory agenda released June
21, 2022 shows that the DOL Wage and Hour Division (WHD) is reviewing “29 CFR (Code of
federal Regulations) 541
,” which implements the exemption of bona fide executive,
administrative, and professional employees from the FLSA’s minimum wage and overtime

The prior listening sessions were intended to obtain feedback from the public and did not
provide specific proposed changes to the exemptions. However, the DOL is planning to have a
proposed rule published for October 2022. The current annual rate is $35,568. If raised, this
would mean employers could have to pay overtime to individuals which were previously
considered salaried under the prior threshold. In addition, other changes to the exemption test
based on duties, could have the same effect. Employers will want to follow this closely. Once
the proposed rule is published, there will be a comment period for the public to provide
feedback. SWHRC will be tracking this item and will provide periodic updates.

If you have questions about how compliance issues may affect your business, contact SWHRC

Magdalena Vigil-Tullar

Written by | Magdalena Vigil-Tullar


Phone: 505-270-7494 | Email: magdalena@swhrc.com

PO Box 14274 | Albuquerque, NM 87191

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Department of Labor Fair Labor Standards