Updated Overtime Rules Would Cover 6.1 Million Workers

In March of 2014, President Obama announced that the Department of Labor would adjust the salary threshold that determines which workers are eligible for overtime pay, so that low-paid salaried workers get paid overtime when they work long hours. Currently, salaried workers who earn more than $455 per week ($23,660 per year) may be exempt from being paid time-and-a-half for working more than 40 hours a week. EPI has previously recommended that the salary threshold be increased to $984-equal to its level in 1975, adjusted for inflation.

In Increasing the Overtime Salary Threshold is Family-Friendly Policy, EPI economist Heidi Shierholz examines who would be affected by this rule change and finds that raising the threshold to $984 would make 6.1 million more salaried workers eligible for overtime. In the first demographic breakdown of who would be affected by the rule change, Shierholz finds that an increase of this level would disproportionately help women, blacks, Hispanics, workers under age 35, and workers with lower levels of education. The newly covered workers would be those at the low end of the salary scale, who have limited power to bargain over their wages or hours.

“Raising the salary threshold for overtime will help low-paid managers and professionals, especially women and people of color, who are not being compensated when they work over 40 hours a week,” said Shierholz. “It’s clear that the Department of Labor should raise the threshold to $984, or even higher, so that low-paid white-collar workers are treated fairly.”

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Department of Labor Will Examine Pay Threshold, Management Exemption for Overtime

It will likely be months before the Obama administration details the specific changes it plans for overtime rules, but officials are looking at making two significant shifts.

In a hearing this week, Labor Secretary Thomas E. Perez said the Department of Labor would study both raising the wage threshold and overturning the 2004 rule that made certain salaried employees exempt from overtime because they perform some managerial duties.

“There are two issues we are working on in the regulation,” Perez said. “Number one, what should the threshold be, and secondly, how does the test work.”

Perez also said the current structure of the managerial exemption keeps deserving workers frozen out of overtime. “You can work 1 percent of your time in a management function and 99 percent of your time stocking shelves and you will be an exempt employee under the current regulation,” he said