Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: July 28, 2016
The Firm
201-896-4100 info@sh-law.comOn the surface, the intent of the Department of Labor’s new overtime wage and hours regulations was to establish rules that make it easier for businesses to apply to their operations. However, according to Business News Daily, for small businesses, the proposal serves as a major shift in hiring practices, payroll and corporate structure. This is particularly true for smaller firms practicing accounting, law and consulting.
A pall is cast over small businesses of any kind because there is no telling how these regulations will impact them in the long term. In fact, the troubling aspect of these regulations for many small-business owners is that it signals more changes on the way because the Department of Labor intends to raise the wage minimum threshold for overtime pay for non-exempt employees every three years starting Jan. 1, 2020.
All told, when these regulations take effect on Dec. 1 of this year, more than 4.2 million workers will be affected, according to the Society for Human Resource Management. These employees, who had been exempt from overtime pay or reduced pay, will now be entitled to receive new salary level minimums. The key issue is that in order for these employees to be considered nonexempt, their weekly earnings will need to be bumped up to comply with the new regulatory standards.
The regulations will force many companies to make tough decisions regarding non-exempt employees. Small businesses will need to determine whether non-exempt employees are worth the bump in pay to make them exempt or if they will need to hire part-time or temporary workers to avoid paying the stiffer overtime wages. That is a major shift because the pay increase jumps from $455 per week in standard salaries for overtime pay to $913 weekly, and the highly-compensated employee threshold spikes from $100,000 to $134,004 annually.
All of these concerns can be avoided by simply not having employees work beyond the standard 40-hour work week. That will be especially important for employees making under $47,000 per year because of the spike in their overtime wages. The question is whether the rues will force smaller businesses to determine whether to have employees work fewer hours, implement bonus or commission structures to enhance productivity of employees within the 40-hour work week or just increase wages to make employees exempt. While there are certainly options for small businesses in terms of maneuvering employees around the exemption thresholds, the options will have a significant impact on their payrolls.
On top of the potential salary increases, there will be several new considerations for small businesses in terms of employee hour controls. For instance, timekeeping systems may need to become an added expense to ensure nonexempt employees remain within the hourly threshold. Training and resource allocation will also need to be heavily monitored to ensure employees are within the exemption standards. Furthermore, smaller businesses may also need to hire part-time staff to accommodate the productivity gaps from nonexempt employees. Workload overflow is a reality for many small businesses, so it may very well be more cost effective to cap an employee’s workweek at 40 hours and hire additional staff.
The most substantial change in the new regulations is that it impacts salaried employees. Previously, small businesses were afforded flexibility with employee hours per week due to salary instead of hourly wages, but now those advantages are gone. For example, if an employee works additional hours to advance his career, it may actually impede his progress due to the overtime pay exemption thresholds.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Crypto investor protection continues to evolve, with the SEC and CFTC investing resources and coordinating more closely to uphold regulatory standards. Whether you’re a retail investor, an institutional trader, or part of a crypto startup, understanding enforcement trends is essential for navigating this dynamic and high-stakes regulatory environment. Crypto Is No Longer the Wild West […]
Author: Dan Brecher

A Settled Regulatory Environment Enables Confident Capital Planning New Jersey’s new manufacturing incentive program, Next New Jersey Manufacturing Program, enters 2026 with something uncommon in economic development these days: policy stability. The statute is enacted, New Jersey Economic Development Authority’s (“NJEDA”) rules are adopted, and the application portal is open. With the election outcome settled, […]
Author: Michael J. Sheppeard

When done successfully, industry roll-up acquisitions can dramatically grow and strengthen your business. In this post, we break down what an industry roll-up is, why companies pursue it, and what makes it an effective (and sometimes risky) business strategy. What Is an Industry Roll-Up Acquisition? In an industry roll-up acquisition of companies, a buyer acquires multiple companies […]
Author: Dan Brecher

The federal government has launched one of the most ambitious scientific initiatives in decades, and it will redefine how companies develop technology, manage risk, and compete. The Genesis Mission, created by Executive Order and driven by the Department of Energy (“DOE”), is intended to accelerate scientific discovery through a national AI platform that links supercomputers, […]
Author: Michael J. Sheppeard

Stablecoins Leave the Grey Zone Stablecoins were supposed to be the “boring” part of crypto: digital dollars that just work. Yet for years they have lived in a regulatory no-man’s-land, classified one day as securities, the next as commodities, and sometimes as something regulators had not even named yet. That uncertainty is finally starting to […]
Author: Bryce S. Robins

If you operate a business without the proper license, you risk fines, insurance issues, reputational harm, and even business closure. Even innocent mistakes, like forgetting to renew a license, can have significant consequences, such as losing your lawsuit for payment of services that are unlicensed, which makes it imperative to have business license management procedures […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!