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USDOL Substantially Increases Minimum Salary Requirement for White Collar Overtime Exemption


On May 18, 2016, the United States Department of Labor (“USDOL”) published its final “White Collar” salaried employee overtime exemption regulation (“Rule”). This Rule raises the white collar weekly salary requirement for executive, administrative and professional employees from $455.00 per week ($23,600.00 per year) to $913.00 per week ($47,746.00 per year). In addition, the USDOL raised the minimum annual salary requirements for persons labeled highly compensated exempt from $100,000.00 to $134,004.00. To reach that threshold, the USDOL will allow an employer, subject to additional requirements, to count either bonuses or commissions up to ten (10%) percent of an employee’s annual salary requirement. These weekly and annual salary minimums will be automatically increased every three (3) years based upon a new regulatory formula. The rule becomes effective December 1, 2016.

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