Federal regulators will revise the rules on overtime pay in a move that will make millions of additional workers eligible for additional pay when they work more than forty hours per week. The Fair Labor Standards Act, or FLSA, is the federal law that governs overtime pay. Under the current overtime rules, many workers are entitled to one-and-a-half-times their regular rate of pay for each hour worked above forty in a given week. However, some workers fall within the FLSA’s professional, executive or administrative overtime pay exemptions (also known as the “white collar” exemptions), meaning they are not entitled to be paid for overtime. Under these overtime exemptions, a worker that performs certain duties and earns a set salary of at least $455 per week could be exempted from overtime pay.
The Obama administration has ordered the Department of Labor to revise the overtime pay exemptions to decrease the number of workers that fall within these exemptions. The rules would be aimed at salaried workers who make more than $455 a week and those who are ineligible for overtime because they are designated as management even though their supervisory duties are minimal. “Unfortunately, today millions of American aren’t getting the extra pay they deserve,” President Obama said at a White House event attended by workers and employers. The proposed rules have not yet gone into effect or even been proposed yet. If and when they are, I will post the new rules and my analysis as to how they will impact workers.
In the meantime, any workers who have questions as to whether they are eligible for overtime should speak to an overtime pay attorney. I represent workers to get them the unpaid overtime they deserve. Should you have questions regarding unpaid overtime, call me at 817.908.9861 or 432.242.7118, or fill out my contact form for a free consultation.