Have you heard what’s coming in 2019? FLSA overtime laws may very well be changing next year — which could affect the paychecks of millions of workers across the country. It’s quite possible that more people will be eligible for overtime pay than ever before.
As advocates for employee rights, Wenzel Fenton Cabassa, P.A. wants to make sure you have the information you need about overtime laws that can have a big impact on your paycheck.
What’s Happening with the FLSA and Overtime Pay?
The U.S. Department of Labor (DOL) is planning to develop a new FLSA overtime rule in 2019 that would raise the salary requirement that determines whether an employee is exempt from getting paid overtime. In order for an employer to avoid paying an employee an overtime premium for hours worked over 40 in a workweek, it must show that the employee meets a duty and salary test. The types of employees who qualify as exempt from overtime based on the duties they perform are:
- computer specialists, and
- other professional and administrative positions that have authority over at least two full-time workers
The Fair Labor Standards Act (FLSA) currently has the salary threshold set at:
- More than $23,660/year or
- More than $455/week
After an attempt in 2016 during the Obama administration to raise the level to $47,476 per year was delayed by a federal judge for the U.S. District Court for the Eastern District of Texas (and then denied by the current administration), the current DOL is scheduled to propose a new threshold in March 2019. This change in the overtime rules is probably going to be somewhere in the middle of the current status and the previous attempt:
- Between $32,000 – $35,000
The change in FLSA overtime laws, if set in place, could allow many more U.S. workers to be taken off the exempt list and attain eligibility for additional pay. And, it is still possible for the judiciary to allow the $47,476 to go through. That rise in the cap could make up to 4 million salaried employees be eligible for overtime.
What Does This Mean?
Knowledge of overtime laws is important for workers across industries. When the new FLSA overtime rule comes into effect, it is important to keep track of any overtime hours you work and keep an eye on your paycheck. You may be entitled to much more money than you are currently taking home.
Know Your Legal Rights in the Workplace
Employers are going to be watching any coming changes to overtime laws — and employees should too. Often, employers will either mistakenly or even intentionally misclassify employees as exempt from overtime when they legally qualify for it under the FLSA overtime rule.
Wenzel Fenton Cabassa, P.A. are experienced employment law attorneys working hard every day to fight for employee rights. From holding employers accountable for overtime laws to protect employees from workplace discrimination, wrongful termination, retaliation, bullying and much more, we are here to help.
If you are currently experiencing or have experienced a violation of your rights at your workplace, set up a free confidential consultation. We’ve helped thousands of employees get workplace justice — through passion, diligence, and a relentless energy for pursuing employee rights.
Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.