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ARTICLE · 12 SEPTEMBER 2023

DOL Seeks To Change Exempt Salary Threshold

Employers of salaried workers beware — you may soon have to give raises to members of your workforce in order to keep them exempt from overtime entitlement.

United StatesEmployment and HR

Employers of salaried workers beware — you may soon have to give raises to members of your workforce in order to keep them exempt from overtime entitlement.

On August 30, 2023, the U.S. Department of Labor (DOL) announced a notice of proposed rulemaking to increase the salaried basis threshold for the "white collar" exemptions under the Fair Labor Standards Act (FLSA). Currently, the salary threshold to be considered a white collar exempt employee is $684/week, which is equivalent to $35,568 annually.

(Remember, the salary minimum is only half of the analysis — keep in mind that, in order to be properly deemed exempt, employees must also satisfy the relevant "duties test" under the FLSA.)

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