A regulation is being suggested to guarantee that a greater number of employees are compensated for working extra hours.
The U.S. Department of Labor has made an announcement today in the form of a notice of proposed rulemaking that intends to bring back and extend overtime protections for 3.6 million salaried employees. The proposed regulation would assure overtime pay for the majority of salaried staff making less than a weekly earning of $1,059, which is an annual salary of approximately $55,000.
Acting Secretary Julie Su underscored the importance of the right to a 40-hour workweek in this country, noting that many people are working far more hours than they should be for no extra pay. In response, the Biden-Harris administration is proposing a rule to help restore workers’ economic security by granting overtime protections to those who make less than $55,000 a year. This would ensure that workers share in the benefits of the current economy, known as Bionomics.
After engaging in a long period of contact with employers, laborers, unions, as well as other involved parties, the department has organized 27 listening sessions with more than two thousand attendees in order to develop the suggested rule. This announcement marks the culmination of these efforts.
Principal Deputy Wage and Hour Division Administrator Jessica Looman remarked that they are devoted to making certain that all employees are recompensed equitably for their efforts. She continued, “For a considerable length of time, numerous inadequately remunerated salaried workers have been denied overtime pay, despite the fact that they frequently put in long hours and carry out much of the same work as their hourly colleagues. This proposed rule would guarantee that more workers get extra compensation when they work overtime. Public contribution is essential as we contemplate the necessities of the current workforce and industry requirements, and we urge continuous stakeholder input during the open remark period.”
The suggested rule would have the following effects:
1. Provide extra protections to those earning a low salary on an hourly basis. A large number of workers with a minimum wage who are paid on a salaried basis often work with their hourly-paid counterparts, carrying out the same tasks, whilst frequently working more than 40 hours a week. However, due to outmoded and misaligned rules, these low-salaried employees are not receiving overtime compensation for hours worked over 40 a week. The department’s proposed salary level seeks to confirm that more of these salaried employees with a low income obtain the overtime protections that are traditionally granted by the department’s regulations.
2. Allow workers not identified as executive, administrative or professional staff to get their time back. By precisely distinguishing which personnel are executive, administrative or professional employees who should be overtime exempt, the proposed rule will make sure that those who are not qualified will be able to spend more time with their families or receive additional pay when working beyond 40 hours in a week.
3. Prevent any future decrease in overtime safeguards and ensure more dependability. The rule recommends automatically updating the salary limit every three years in line with the most recent earnings data.
4. Revive overtime protections for U.S. territories. From 2004 to 2019, the department’s regulations ensured that for U.S. territories having the federal minimum wage, the overtime salary threshold was also applicable. The department’s proposed rule would revert to this practice and make sure that workers in the U.S. territories covered by the federal minimum wage have the same overtime safeguards as other U.S. employees.
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When the notice of proposed rulemaking is posted in the Federal Register, the public will be able to submit feedback for 60 days. All comments will be taken into account before a final rule is issued.
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