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ARTICLE · 01 SEPTEMBER 2023

Potential Increase In Minimum Salary For Overtime Exemptions

The U.S. Department of Labor today issued a proposed rule raising the minimum salary an employee must receive to be considered exempt from overtime under the Fair Labor Standards Act.

United StatesEmployment and HR

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The U.S. Department of Labor today issued a proposed rule raising the minimum salary an employee must receive to be considered exempt from overtime under the Fair Labor Standards Act. The FLSA allows certain exemptions from overtime, but only if the employee receives a minimum salary and performs specified duties.

The new proposed rule seeks to raise the minimum salary amount from its current level of $35,568 per year to $55,000 per year. The public has 60 days to comment before a final rule is issued, which could be several months after the comment period ends. And it is likely that employer groups will challenge any final rule incorporating this increase, as they did, successfully, when the Obama administration issued a similar proposal.

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