加班规则即将发生变化：雇主需要了解什么 Upcoming Changes to Overtime Rules: What Employers Need to Know

2024-04-15 · NACSHR · 阅读约 6 分钟

要点速读 · KEY TAKEAWAYS

白宫管理和预算办公室已完成对美国劳工部加班新规的审查，该规则自去年8月起制定，最终规则预计即将发布。
豁免员工标准薪资门槛拟从每周684美元（年薪35,568美元）提高到每周1,059美元（年薪55,068美元），低于此线的员工将有资格获得加班费。
高薪员工（HCE）豁免门槛拟从年薪107,432美元提高到143,988美元，更多较高收入员工将纳入加班保护范围。
新规拟每三年根据最新工资数据自动更新薪资门槛；豁免认定仍须同时满足职责测试和薪资基础测试。
作者建议雇主及早评估员工岗位豁免状态，对不再符合条件者重新分类，完善非豁免员工工时记录，并为工资支出增加调整预算。

AI 根据原文整理，以发布日期为准（2024-04-15）

加班规则即将发生变化：雇主需要了解什么

美国劳工部即将发布一项新规定，该规定将显著改变加班支付规则，使得年薪低于55,068美元的员工有资格获得加班费，而高薪员工的加班薪资门槛也从107,432美元提高到143,988美元。这些变化将扩大加班保护的覆盖范围，并且每三年自动更新薪资门槛以适应经济实际情况。企业需要重新评估员工分类、更新记录保存方式以及调整预算以适应增加的工资开支。

A significant development in U.S. labor regulations has just taken a step closer to reality. The White House Office of Management and Budget (OMB) has completed its review of a new rule from the U.S. Department of Labor that is poised to expand overtime pay protections. This rule, which has been under development since last August, is set to make a substantial impact on the pay structure of millions of American workers. The Department of Labor is anticipated to release the final rule imminently.

Detailed Overview of Proposed Changes

The FLSA is the federal law that establishes minimum wage, overtime pay eligibility, and other employment standards. Under current rules, employees are entitled to overtime pay at one and one-half times their regular rate for every hour they work beyond 40 in a workweek, unless they fall under specific exemptions. These exemptions apply to employees in executive, administrative, or professional roles as defined by the DOL’s regulations, requiring both a duties test and a salary basis test.

The proposed changes aim to adjust the salary thresholds that determine exemption from overtime:

Increase in Salary Thresholds: The standard salary level for exemption will be raised from $684 per week ($35,568 annually) to $1,059 per week ($55,068 annually). This substantial increase means that employees earning less than $55,068 will now qualify for overtime pay.
Adjustment for Highly Compensated Employees: The threshold for "highly compensated employees" will rise from $107,432 to $143,988 annually, expanding overtime eligibility to more workers at higher income levels.
Automatic Updates: Salary thresholds will be updated every three years based on current wage data to ensure they reflect economic realities.

Steps Employers Should Take

With these impending changes, businesses should begin preparations now to ensure compliance. Here are essential steps to consider:

Evaluate Employee Roles: Assess which employees are exempt from overtime and determine if their status will change.
Consider Reclassification: Reclassify employees who no longer meet the exemption criteria.
Update Record-Keeping: Maintain accurate work hour records for nonexempt employees to avoid disputes.
Adjust Budgets: Anticipate and prepare for potential increases in payroll expenses.

These regulatory updates represent a significant shift in recognizing the changing dynamics of work and compensation in the U.S. Employers should review and adjust their employment practices promptly.

原文：https://www.consultils.com/post/upcoming-changes-to-overtime-rules-what-employers-need-to-know

Richard Liu, Esq. is the Managing Counsel of ILS. He serves clients as a management-side defense lawyer specializing in employment and business litigation. Richard is also an expert on litigation prevention and compliance. He regularly advises Fortune 500 companies and startups on employment, labor, and commercial matters.

Email: richard.liu@consultils.com | Phone: 626-344-8949