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Just curious of opinions on this because I fall into the category of people this may impact, and assume there are probably a handful of others out there. For those unaware:

https://www.dol.gov/whd/overtime/final2016/

I’m assuming this will come up around me at some point before it goes into effect, as I’m a lower-paid salary worker who routinely puts in over 40 hours a week. Actually as an agency this is going to be a very interesting situation, as we have quite a few employees that this is going to impact.

I’m torn a bit in how it may go…I think I’m getting kind of a bad deal by being salaried, but I also don’t miss the pressure of being hourly to get everything done in 40 hours to avoid OT. Anyways…curious if any others out there are in a similar position and if their agencies have approached them at all knowing this was coming down the pipe.

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heard about this on the radio, i fall into the category too. I wonder if they’ll end up giving me a raise to pay me over the threshold so they don’t have to pay me overtime. I’d be OK with that.
But how do you track OT when you don’t clock in/out every day?

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Doesn’t affect me but not too long ago it would’ve. I know a few companies in the past that paid low salary to get around the overtime and I find myself wondering what they’ll do now. I’m guessing alot of places with switch employees back to hourly and cap them at 40 hours and tell them to get the same amount done in less time.

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That’s my conundrum. I reaaaally don’t want to go back to clocking in/out…frankly my day is not built around 100% productivity 100% of the time, and I make up for it by working longer than normal hours and not having to worry about adjusting clock in or whatnot. But from a “agency man” standpoint, it could be extremely expensive for us to move all currently exempt employees to that pay rate. I’d say in the neighborhood of 200k a year. I don’t know everyone’s salary, but based upon what I do know this would effect the majority of our non-department head salaried employees.

It’s a double edged sword for me…I certainly like the idea of getting paid more…but part of the reason I’ve accepted being paid less is the inherent flexibility my position gives me. Not sure if extra $$ is worth losing that at this point. Here’s hoping the answer is “raise to the exempt level” and I can just keep working how I currently am is the answer we take :slight_smile:

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There is probably a clause that excludes IT people. That’s what they did last time this came up. That’s why so many IT people are salaried when they do not fit the descriptions for what a salaried person does for the company.

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Are they requiring that this be the minimum salary for those that aren’t paid overtime but often work it for free?

Sets the standard salary level at the 40th percentile of earnings of full-time salaried workers in the lowest-wage Census Region, currently the South ($913 per week; $47,476 annually for a full-year worker);

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Essentially, that’ll be the minimum for exempt employees. Anyone below that cap, even if they’re salaried, will be entitled to OT. If I’m reading things correctly. Means you can still be salaried…but have to track what you do over 40 hours and be paid OT for it.

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Thanks for the clarification!

@bvohland

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I agree…but I think that could bite us in the butt here. A good number of our currently exempt folks put in over 40 on a pretty regular basis. We’re a non-profit so while I’ve got reserved excitement of the potential for more income, it also puts us in a potentially big bind. I’m assuming this has all be partially addressed behind closed doors at management/board meetings, but as one of the “affected” it leaves a lot up in the air.

I’m also fearful of extra payroll leading to other budget cuts…if the “raise” I’d get cuts into my already pretty slim operating budget it would greatly increase my stress level!

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Nah, there’s probably a clause that excuses employers from paying your if you:

1: Have and neck beard or any facial hair
2: Are faithful and come on time
3: Work remotely
4: Work in the office
5: Have 15 minutes to eat lunch
6: Can barely get by on your bills
& other ones of your choice

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EDIT: This is the old one which i didnt realise when i posted it. Essentially from my understanding the only part that is changing is the dollar amount

taken from WHD Fact Sheets | U.S. Department of Labor

Computer Employee Exemption
To qualify for the computer employee exemption, the following tests must be met:

• The employee must be compensated either on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week or, if compensated on an hourly basis, at a rate not less than $27.63 an hour;

• The employee must be employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field performing the duties described below;
• The employee’s primary duty must consist of:

  1. The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;
  2. The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;
  3. The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or
  4. A combination of the aforementioned duties, the performance of which requires the same level of skills.
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Yes but when this goes through, that $455 dollars a week will go up to $913 dollars a week.

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That was revised 2008, assuming that’d be updated as part of this? Where’s HR when you need them???

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that is the new one. right off of that site in the OP

EDIT: NVM I’m stupid. yes they will be updating that

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Wow. For a country considered to be the worlds super-power, leading trends in western civilization, I am surprised to see this is just happening now.

It’s been this way in Canada for years. Many, many years.

PS - this comment is not meant to bash the US. It’s simply a statement.

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I was about to quote this and point out the revision date in the top right.

Today I learned: Spiceworks pulls the most recent version of the post when you hit quote post even if that’s not what is currently displayed. Good job guys.

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Ah…well, looks like it’s all a moot point for me, there is a single enforcement exemption until 2019 for literally ONLY the exact place I work. Ain’t that a hoot.

Enjoy your raises everyone else!

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Sounds about how the world works. Could always consider another job if it’s worth it for you?

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Nah, I’m one of those blindly loyal employees that they could probably say “We’re moving your office to a tin shed out back and only paying you in Burger King coupons” to and I’d probably still do it…my only hope for a raise is the government mandating it lol.

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Not taken as a bash, employees in the US are very used to being beaten with large sticks on a regular basis. It’s just become so bad now that government realized they needed to step in… A few less jet trips for the CEOs etc.
I don’t mind this a bit, it should have been done a while ago.

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