Taking Care of HR Business
        A blog from the attorneys of Verrill

        More Starch in the White Collar Exemption

        by Tawny L. Alvarez on March 16, 2016

        Previously, we published a blog post on the DOL’s 2015 proposal to more than double the threshold under which salaried exempt employees are eligible for overtime payment. The proposal raises the salary threshold from $23,660 per year to $50,440. The Department of Labor received almost 300,000 comments on the regulation and on Monday sent the anticipated final overtime regulation to the Office of Management and Budget.

        This sets into motion a review period that can last up to 90 days—however, the deadline can be extended by either the Office of Management and Budget or the Department of Labor. Additionally, the Office of Management and Budget could also decide to return the rule to the Department of Labor for further consideration—with a potential recommendation to decrease the threshold number from the $50,440 range to a figure in the high $40,000 range. The movement to the Office of Management and Budget was a bit ahead of schedule, pushing up the date in which the final rule could be made public from a July estimate to April or May.

        Now is the time to audit your current pay practices to stay ahead of the implementation of any increase in the salary threshold.

        • Are all your salaried exempt employees making over $50,440 per year? If not, first, are these individuals properly classified as exempt under the administrative, professional, or executive exemption?
        • Next, is it fiscally conceivable for you to increase the wages of your exempt staff to this level? If not, how often is this position working overtime?
        • What effect will a change in this employee’s status from exempt to non-exempt have on your organization (both fiscally and culturally)?

        Even if all of your salaried exempt employees are making over $50,440 per year, now is a good time to perform a self-audit to determine whether these individuals are properly classified. Contact a member of Verrill Dana’s Labor & Employment Practice Group to further discuss best practices as to wage and hour issues, the DOL’s overtime proposal, or how to conduct a meaningful wage and hour audit.

        Taking Care of HR Business

        Human resource professionals, supervisors, and company executives are constantly confronted with a changing legal landscape. Verrill’s Taking Care of HR Business blog is designed to keep you informed about the latest and most significant legal developments that affect employers.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Published Works

        Four Verrill Attorneys Co-Author Massachusetts Trends and Developments Chapter for Chambers and Partners Child Relocation 2026 Guide

        Verrill attorneys Mary H. Schmidt, Rachel A. Deering, Hannah R. Zukoff, and Mariah G. Tappan co-authored the “Trends and Developments” chapter...
        Blog

        A New Protected Class in Maine: Holders of Final Protection Orders

        In the lead-up to Domestic Violence Awareness Month in October, employers may be taking a closer look at how their policies and practices respond to...
        Alerts and Newsletters

        Verrill Secures SJC Victory for Boston Legacy FC in White Stadium Litigation

        Verrill has secured a significant appellate victory for Boston Legacy FC in the litigation challenging the redevelopment of White Stadium in...
        Blog

        Hurry Up and Wait

        This is the third in a series of Verrill blog posts on Maine’s packaging extended producer responsibility (“EPR”) law[1]. In July we reported...
        Media Mentions

        Robert Keach Discusses First Brands Chapter 11 Case in Law360

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the rejection of First Brands Group's Chapter 11 plan and the...
        Media Mentions

        Cybersecurity and AI Governance: Scott Anderson Featured in Massachusetts Lawyers Weekly

        Verrill Managing Partner Scott Anderson was recently featured in Massachusetts Lawyers Weekly discussing how law firms can build attorney buy-in for...
        Blog

        Section 530A Account Update: ERISA Status of Trump Accounts

        The Department of Labor has issued important guidance addressing whether employer programs that permit contributions to Section 530A accounts (and...
        Press Releases

        97 Verrill Attorneys Recognized by Best Lawyers® 2027, Including Four Named Lawyers of the Year

        AUGUSTA, Maine, BANGOR, Maine, BOSTON, Mass., PORTLAND, Maine, and WESTPORT, Conn., (August 20, 2026) – Verrill is proud to announce that 97...
        Alerts and Newsletters

        SEC’s Proposed “Reg Crypto”: What Founders Need to Know

        Startup founders and emerging-growth companies have a number of options for raising capital under the federal securities laws, including Regulation D...
        Blog

        After 45 Years, the IRS Speaks on DCAP Nondiscrimination Testing – And It’s Good News

        Employers that provide a Dependent Care Assistance Program will be pleased to learn that for the first time in 45 years, the IRS has issued guidance...
        Media Mentions

        U.S. Courts Highlights Annabel Rodriguez’s Journey from Fellow to Mentor

        Verrill attorney Annabel Rodriguez was featured in a recent U.S. Courts article titled “From Fellows to Mentors: Alumni Share Lasting Lessons from...
        Media Mentions

        Robert Keach Discusses Bankruptcy Auction Strategy in Law360

        Verrill attorney Robert Keach spoke with Law360 article examining the complex bankruptcy auction process that resulted in the sale of 23 summer...