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USDOL Announces Proposed Overtime Update

March 12, 2019

The U.S. Department of Labor announced a Notice of Proposed Rulemaking (NPRM) would be published to increase the weekly wage threshold to determine who is eligible for overtime pay under the Fair Labor Standards Act.

Employees earning less than the current threshold of $455 per week, which was established in 2004, must be paid overtime if they work more than 40 hours per week. The newly proposed threshold is $679 per week. The U.S. Department of Labor established this threshold based on comments from the public following a Request for Information in 2017, as well as six in-person listening sessions.

To be exempt from the new overtime proposal an employee must be paid a fixed salary, paid a weekly amount of at least $679, and primarily perform executive, administrative, or professional duties.

The public will have sixty days in which to provide comments once the NPRM is published in the Federal Register.

More information can be found at