More Than 4 Million More Workers Will Start Getting Paid Overtime Under Controversial New Rule (2024)

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More Than 4 Million More Workers Will Start Getting Paid Overtime Under Controversial New Rule (2024)

FAQs

More Than 4 Million More Workers Will Start Getting Paid Overtime Under Controversial New Rule? ›

Biden administration expands overtime pay to cover 4.3 million more workers. Here's who qualifies. About 4.3 million U.S. workers who previously didn't qualify for overtime pay could soon receive time-and-a-half for working more than 40 hours a week thanks to a new rule from the Biden administration.

What is the proposed overtime rule for DOL 2024? ›

Starting July 1, most salaried workers who earn less than $844 per week will become eligible for overtime pay under the final rule. And on Jan. 1, 2025, most salaried workers who make less than $1,128 per week will become eligible for overtime pay.

What is the federal law on overtime? ›

The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay.

What is the most hours a salaried employee can work? ›

If an employee is exempt from FLSA and any state, local, or union overtime laws, then it is legal to work 60 hours a week on salary. Some employers do pay exempt employees for overtime work through time-and-a-half, bonuses, or extra time off.

How to avoid mandatory overtime? ›

Employees can avoid mandatory overtime by: Understanding their employer's policies on overtime work. This may involve reviewing the employee handbook or policy manual, speaking to a supervisor or HR representative, and asking any questions they may have. Negotiating terms during the hiring process.

How does the new overtime rule work? ›

The development represents the biggest increase in the federal overtime threshold in decades. Beginning July 1, salaried workers earning less than $43,888 a year will qualify for 1.5 times pay if they work more than 40 hours a week.

What are the changes for the FLSA in 2024? ›

Beginning July 1, 2024, the final rule calls for an increase in the threshold for bona fide executive, administrative, and professional employees to $844 per week, which annualizes to $43,888 per year. The final rule will raise the annual compensation threshold for highly compensated employees to $132,964 per year.

Is overtime illegal in the US? ›

Is mandatory overtime legal? Generally, yes, if the employer meets specific requirements. Mandatory overtime requests must meet state and federal labor laws. Federal law sets a minimum standard that the state must meet.

How much overtime is too much? ›

WARNING SIGNS OF TOO MUCH OVERTIME

One of the first indicators of excessive overtime is your wage bill. If all or most of your employee's actual wages are consistently 30–45% higher than their salary, alarm bells should be going off – especially if it's every month.

What states have overtime laws? ›

FAQs about overtime rules

Which states have daily overtime pay laws? Alaska, California, Colorado, and Nevada have daily overtime pay laws. Daily overtime starts at 8 hours except for Colorado, which starts at 12 hours.

Is 32 hours full-time in California? ›

In California, full-time employment is typically defined as working between 32 and 40 hours per week. However, it's crucial to understand that under the Affordable Care Act (ACA), individuals are generally considered part-time if they work fewer than 30 hours per week and full-time if they work 30 hours a week or more.

Do employers take advantage of salaried employees? ›

It's a common misconception to believe that employers cannot take advantage of salaried employees. While much of employment law involves protecting hourly employees from exploitation, employers can violate the wage rights of salaried employees as well.

Is salary better than hourly? ›

*Salaried workers are usually exempt from the FLSA, which is the law that mandates extra pay for overtime hours. In sum, salary pay offers consistency; you know when and how much you are going to get paid even if you take some time off. While hourly pay isn't consistent, you get time and a half if you work overtime.

Can I say no to overtime? ›

Yes, mandatory overtime is legal, and in general, employees cannot refuse to work overtime. The FLSA doesn't put a limit on how many hours of overtime an employee can work — it only stipulates that employers must pay minimum wage for regular hours and overtime rates when an employee works over 40 hours a week.

Is it bad to refuse overtime? ›

The easy answer is that in general, employees cannot refuse to work overtime. Moreover, the Fair Labor and Standards Act — the federal law covering this matter — does not place a limit on how many hours of overtime an employer may require.

Why avoid overtime? ›

Excessive overtime can interfere with an employee's ability to get adequate sleep, which can lead to health problems for the employee and safety and quality problems on the job.

What is the DOL exemption threshold for 2024? ›

The rule increases this minimum salary threshold, initially to $844 per week ($43,888 per year) as of July 1, 2024, and then to $1,128 per week ($58,656 per year) as of January 1, 2025. Thereafter, the rule provides for an automatic update to the threshold every three years based on wage data.

What is the DOL independent contractor rule? ›

What Is the U.S. DOL's Final Rule on Worker Classification? The final rule uses a totality-of-the-circ*mstances analysis that considers six factors, giving no individual factor predetermined weight. The factors include: Opportunity for profit or loss depending on managerial skill* Nature and degree of control*

What is the salary threshold for Dol exempt? ›

Following proposed rulemaking in August 2023, the U.S. Department of Labor (DOL) finalized a rule on April 23, 2024, setting the standard salary level for the “white collar” exemptions under the FLSA at $844/week as of July 1, 2024 (up from the current $684/week).

What is the salary threshold for exempt employees in Florida 2024? ›

The minimum salary threshold to be exempt from overtime requirements in Florida is at least $684 weekly or $35,568 annually for executive, administrative, and professional positions.

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