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Update: Labor, Employment and Benefits, “Increased FLSA Exemption Threshold”

September 24, 2019

Mary A. Gambardella, Lawrence Peikes, and Amanda M. Brahm

On September 24,  the U.S. Department of Labor announced a new rule that resets the annual salary threshold required to satisfy the Fair Labor Standards Actโ€™s โ€œwhite collarโ€ exemptions for executive, administrative and professional employees.

Under the new rule, employees must earn an annual salary of at least $35,568 per year or $684 per week to be exempt from the overtime pay requirements. While this is a significant increase from the current salary threshold of $23,660, the new rule does not go nearly as far as the Obama administrationโ€™s proposed cutoff of $47,476. The final rule will be published on September 25, 2019 in the Federal Register and will go into effect on January 1, 2020.

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