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

        Overtime Update to Have Wide Reaching Effect on Employers

        by Tawny L. Alvarez on September 24, 2019

        Today, September, 24, 2019, the U.S. Department of Labor announced a final rule to increase the salary threshold necessary to remain an exempt employee. The change is estimated to affect 1.3 million American workers under the Fair Labor Standards Act (FLSA). Below is a synopsis of the facts embodying that rule.

        The final rule updates the earnings thresholds necessary to exempt executive, administrative and professional employees from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime pay requirements, and allows employers to count a portion of certain bonuses/commissions towards meeting the salary level. The new thresholds account for growth in employee earnings since the thresholds were last updated in 2004.

        What you need to know

        The final rule:

        • raises the “standard salary level” from the currently enforced level of $455 to $684 per week (equivalent to $35,568 per year for a full-year worker);
        • raises the total annual compensation level for “highly compensated employees” (HCE) from the currently-enforced level of $100,000 to $107,432 per year;
        • does not change the duties test for any exemptions;
        • allows employers to use non-discretionary bonuses and incentive payments (including commissions) that are paid at least annually to satisfy up to ten percent of the standard salary level in recognition of evolving pay practices; and
        • revises the special salary levels for workers in U.S. territories and in the motion picture industry.

        Additionally, the Department intends to update the standard salary and HCEs total annual compensation levels more regularly in the future through notice-and-comment rulemaking.

        Prior to this final rule, the FLSA set a threshold of $24,000 per year for an individual to meet the salary basis test to qualify as an exempt employee under the FLSA (in addition to meeting the duties test for exemption). In 2016, the Obama administration attempted to increase the salary threshold to $47,476.00. The proposal prior to this ruling called for a federal yearly required salary (under the FLSA) of $35,300; however, the final federal ruling raises the yearly standard salary level to $35,568. In many states, the local or state wage and hour law already required a salary threshold of higher than $24,000 per year in order to classify an individual as exempt.

        What you need to do

        Audit your exempt employees. Are any of them making less than $35,568 per year or less than $684 per week? If they are, you have until January 1, 2020, when the change takes effect to change the employee’s compensation structure. This may include:

        • moving the employee from exempt to non-exempt status;
        • increasing the rate of pay to above $35,568 per year; or
        • keeping compensation at the same rate by adding in non-discretionary bonuses or incentive pay (this can only be used if the normal salary is more than $32,012 per year).

        If you have questions or concerns about how this change will affect your business, please reach out to Tawny Alvarez or another member of Verrill’s Employment & Labor Group.

        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

        Blog

        Working 9 to 5? It’s a Way to Make a Livin’, so Make Sure You’re Payin’ for Every Minute: A Maine Employer’s Guide to Stacked Wage & Hour Rules

        Four decades after Dolly Parton gave us both the namesake anthem of the American workday and the film about three fed-up office workers’ dreams of...
        Alerts and Newsletters

        Can AI Pass the Doctor Test? FDA Considers Physician-Inspired Evaluation of GenAI Devices and Other Regulatory Measures

        AI is entering healthcare with indomitable will. It promises to increase efficiency, reduce administrative burden (which healthcare providers so...
        Press Releases

        Verrill Attorney Annabel Rodriguez Named Top Women of Law by Massachusetts Lawyers Weekly

        BOSTON, Massachusetts – Verrill attorney Annabel Rodriguez has been recognized as a Top Women of Law by Massachusetts Lawyers Weekly, and will be...
        Blog

        What Employee Benefits Lawyers Do (and How to Make the Best Use of Us)

        What do employee benefits lawyers do all day and how can clients make the best use of them? This post offers an overview of the kinds of things...
        Media Mentions

        Bloomberg Law Quotes Robert Keach on Expanded Access to Small Business Reorganization

        Verrill attorney Bob Keach was recently featured in Bloomberg Law, discussing legislation that would raise debt limits for bankruptcy relief and...
        Blog

        Phil Bartlett to Step Down as Chair of the Maine Public Utilities Commission

        On September 15, 2026, Governor Janet Mills announced that Phil Bartlett will step down as Chair of the Maine Public Utilities Commission (PUC)...
        Published Works

        Jay McCormack and Michael Fee Co-Author AHLA Article on Skin Substitute Enforcement Trends

        Verrill Partners Jay McCormack and Michael Fee co-authored an article for the American Health Law Association's Fraud and Abuse Practice Group...
        Press Releases

        Verrill Welcomes Health Care & Life Sciences Attorney Elpida Velmahos

        BOSTON, Massachusetts – Verrill is pleased to announce that Elpida Velmahos has joined the firm’s Health Care & Life Sciences Group as an...
        Press Releases

        Verrill Welcomes Litigation & Trial Attorney Emma Pooler

        PORTLAND, Maine – Verrill is pleased to announce that Emma Pooler has joined the firm’s Litigation & Trial Group as an Associate, resident in...
        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...