DOL Rules - What You Need to Know - Larimer Small Business Development Center

by Stacy Stolen

Real Value Consulting/VolkBell Insurance

The rules are here … now what?

Here’s What You Need to Know

Anyone earning less than $913.00 per week; or $47, 476 annualized base:
• Is now (most likely) entitled to overtime pay for any hours worked over 40 in a week
• Is now required to track and account for all hours worked within respective time keeping periods

How you make and communicate required adjustments to an individual’s current salaried compensation is up to you, and there are several options you might consider. Here are five simple steps you must take now to comply with the FLSA’s latest changes, and make sure you stay in compliance in the years ahead.

1. Increase salaries of current exempt employees to more than $913 per week or $47,476 per year. Exempt employees earning more than that will not be entitled to overtime.

2. Reduce bonuses for exempt employees whose overall compensation exceeds the new minimums. Increase salaries by the bonus amounts.

3. Reclassify exempt employees as nonexempt and pay them hourly. Of course, you will still have to pay overtime when they work more than 40 hours per week.

4. Reclassify exempt employees and pay them on a commission or fluctuating-workweek basis. Consult your attorney to learn more about the fluctuating workweek system, which pays a salary to nonexempt employees whose schedules vary from week to week.

5. Increase staffing levels to eliminate unnecessary overtime.

You can be assured that the DOL, which has already increased its investigative force by 33% since 2010, will put employers under even more scrutiny in 2017 by visiting many employers and auditing; be sure to reach out if you need more information!