Salaried employees are typically exempt from overtime, but a new law from the U.S. Department of Labor slated to become effective on July 1, 2024, may change that for up to one million people. What is this law and how might it impact your business? We’ll look at the law, what it means for the average business, and what you need to do now to prepare for it when it becomes effective.
What Is the DOL Minimum Salary Threshold Raise?
The DOL released a final rule on April 23, 2024, which raises the minimum salary threshold for the standard exemption applied to executive, administrative, professional, and outside sales employees, as well as certain computer employees, exempting them from minimum wage and overtime protections under the Fair Labor Standards Act (FLSA). These exemptions are typically called “white collar” exemptions meaning that so-called white-collar jobs—usually salaried office jobs—do not normally qualify for overtime. The new law may change some of that.
FLSA covers organizations with two or more employees earning $500,000 or more in annual sales. It also includes education institutions and hospitals caring for the sick, mentally ill, or elderly. If your organization falls into these categories, you must adhere to the overtime laws and the new rollout of the minimum salary threshold increase.
What Are the New Salary Thresholds?
The threshold for the EAP exemption’s minimum salary will increase to $844 per week (approximately $43,888 per year) from its current level of $684 per week (approximately $35,568 per year) on July 1, 2024, and then to $1,128 per week (approximately $58,656 per year) on Jan. 1, 2025
The second increase marks the threshold nearly $3,600 more than the previous Department of Labor proposed overtime rule back in 2023. Increases for highly compensated employees’ (HCE) salary are also more than originally proposed.
The new minimum annual compensation threshold for Highly Compensated Employees increases to $132,964 on July 1, 2024, and then to $151,164 on Jan. 1, 2025
How Can Your Organization Prepare for the Change?
Now is the time to take steps to prepare for the new law to take effect. While several states have filed lawsuits to block the law from going into effect, it is uncertain whether this will happen. You should proceed as if the law will indeed be effective on July 1, 2024, and plan accordingly.
First, consider your options. You can adjust an employee’s salary or reclassify them as nonexempt. However, changing classification from exempt to nonexempt may create additional considerations such as how compensation and bonuses impact overtime pay owed to a reclassified employee.
Additionally, changing employees from exempt to nonexempt increases your record-keeping responsibilities. Do you have the right nonprofit accounting software to handle this step? If not, is it time to upgrade or seek new software?
Consider also how reclassifying employees may impact your budget and employee morale. From a budgetary standpoint, you may incur higher overtime expenses, which can strain money you may have set aside to pay bonuses. From an employee morale perspective, benefits tied to compensation may change. Some employees may view the change as a demotion. You may need to think through how you will roll this out. Speak with your accounting and human resources team and consider all options.
Another area of consideration is around workplace policies, such as travel, or equipment use. If you currently restrict nonexempt workers from travel or from using equipment while traveling, you may need to revise your policies if you choose to reclassify people from exempt to nonexempt.
Work with Your Accounting Consultant
There are many, many considerations when this law goes into effect. Each organization is different, with complex needs and considerations. For our current clients, we encourage you to speak with our team to determine the wisest course of action with minimal disruption to your organization and its finances while fully complying with the law.
Welter Consulting
Welter Consulting bridges people and technology together for effective solutions for nonprofit organizations. We offer software and services that can help you with your accounting needs. Please contact us for more information.
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