Scarinci Hollenbeck, LLC
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201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: May 26, 2016
The Firm
201-896-4100 info@sh-law.comNew Jersey employers should become aware of these new overtime regulations, promptly evaluate how the final rule will impact employee compensation and determine how to address the potential implementation costs.

Under the FLSA, “employees must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay, unless they are specifically exempted. The most notable FLSA overtime exemption covers “executive, administrative and professional” employees and is often referred to as the “white collar” exemption. To qualify, employees generally must satisfy certain tests regarding their job duties as well as meet a salary threshold set by the DOL.
As previously discussed on our Business Law blog, President Barack Obama signed a Presidential Memorandum in 2014, directing the Department of Labor to update the overtime regulations. In his directive, the President highlighted that the thresholds of the salary test have failed to keep pace with inflation, only being updated twice in the last 40 years.
Some changes made to the salary test rules were as follows:
Notably, the DOL did not make any changes to the requirements of the current “duties test,” which is used to determine whether salaried workers earning more than the threshold salary test are exempt from overtime rules.
It is recommended that a top-to-bottom wage review be conducted to determine what changes to current wage practices and structures may be necessary to accommodate these new requirements.
The DOL’s final rule will take effect on December 1, 2016, with the initial increases to the standard salary level and the HCE total annual compensation requirement starting on that date. According to the White House, the updated overtime rule will extend overtime protections to 4.2 million white-collar workers within the first year of its implementation. Accordingly, it will also have a tremendous impact on employers.
It is recommended that a top-to-bottom wage review be conducted to determine what changes to current wage practices and structures may be necessary to accommodate these new requirements. The fact that a worker goes from being classified “exempt” to “non-exempt” does not mean, necessarily, that such employee will receive more pay. What will change is the need to establish a “rate of pay” and overtime rate while also keeping careful and accurate track of all hours worked in a work week. Newly non-exempt employees must be paid overtime pay for all hours worked in excess of 40.
In some instances, an employer may choose to raise an exempt worker’s annual compensation to maintain such exemption if the cost of such raise is affordable.
There is no “right way” to make these adjustments. It is important, however, that employers engage in a thoughtful review of current pay practices to determine what adjustments, if any, will be necessary. Job descriptions are just one example of where review of terms and adjustment of rates should be considered.
The time to engage in this process is now as the implementation/compliance date is a little more than six months away. However, if you have any questions about this process or need to discuss any labor & employment matters, please contact me, Gary Young.
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