The Biden administration on Tuesday announced a new rule that would make millions of white-collar workers newly eligible for overtime pay.
Starting July 1, the rule would increase the threshold at which executive, administrative and professional employees are exempt from overtime pay to $43,888 from the current $35,568. That change would make an additional 1 million workers eligible to receive time-and-a-half wages for each hour they put in beyond a 40-hour week.
On January 1, the threshold would rise further to $58,656, covering another 3 million workers.
While hourly workers are generally entitled to overtime pay, salaried workers are not if they earn above a certain pay level and supervise other workers, use professional expertise or judgment or hire and fire workers, among other duties.
The new standard could be legally challenged by industry groups that have argued that excessively raising the standard exceeds Labor’s authority and adds heavy regulatory and financial burdens or compliance costs.
Some companies could lift workers’ base pay to the new threshold to avoid paying overtime or convert salaried workers to hourly employees who need to punch a clock. Others could instruct salaried employees to work no more than 40 hours a week, bringing on part-time workers to pick up the slack. Still others may reduce employees’ base pay to offset the overtime, effectively sidestepping the new requirement.