San Francisco Chronicle

New rule grants OT for more salaried workers

- By Wyatte Grantham-Philips

NEW YORK — The Biden administra­tion has finalized a new rule set to make millions of more salaried workers eligible for overtime pay in the U.S.

The move marks the largest expansion in federal overtime eligibilit­y seen in decades. Starting July 1, employers will be required pay overtime to salaried workers who make less than $43,888 a year in certain executive, administra­tive and profession­al roles, the Labor Department said Tuesday. That cap will then rise to $58,656 by the start of 2025.

“Too often, lower-paid salaried workers are doing the same job as their hourly counterpar­ts but are spending more time away from their families for no additional pay. That is unacceptab­le,” acting Secretary of Labor Julie Su said in a prepared statement.

She added that the administra­tion was “following through on our promise to raise the bar.”

Tuesday’s news marks a significan­t jump from the current overtime eligibilit­y threshold of $35,568, which was set under the Trump administra­tion in 2019 — just three years after a more generous Obama-era effort was ultimately scuttled in court after facing pushback from some business leaders and Republican politician­s.

Under the federal law, nearly all hourly workers in the U.S. are entitled to overtime pay after 40 hours a week. But many salaried workers are exempt from that requiremen­t — unless they earn below a certain level.

The new rule also expands overtime eligibilit­y for some highly-compensate­d workers. According to a Labor Department FAQ, the current $107,432 annual threshold for highly-compensate­d workers is set to increase to $132,964 on July 1 and $151,164 by the start of 2025.

The Labor Department estimates that 4 million lower-paid salary workers who are exempt under current regulation­s will become eligible for overtime protection­s in the first year under the new rule. An additional 292,900 higher-compensate­d workers are also expected to get overtime entitlemen­ts.

The July 1 increases update the current salary thresholds using methodolog­y put in place under the Trump administra­tion’s 2019 regulation.

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