On March 7, the U.S. Department of Labor (DOL) announced a new proposed update to the Fair Labor Standards Act (FLSA)’s overtime pay requirements.

DOL proposes raising the standard salary threshold from its current level of $455 per week or $23,660 annually to $679 per week or $35,308 annually. It also raises the salary level for the Highly Compensated Exemption (HCE) to $147,414 from its current level of $100,000. The proposal does not make any changes to the duties requirements.

It does, however, propose having the Department of Labor evaluate both of these thresholds every four years with any changes to be put out as a proposed Rule with corresponding comment period.

Currently, if the proposed rule were to take effect it would happen in January 2020. Litigation, however, is likely to change that timeline.

DOL began the process of updating the overtime regulations on June 26, 2017, through a Request for Information (RFI) which sought comments about how the agency should go about updating the overtime regulations.

In September 2017, NIRSA, in partnership with 20 other higher education associations, signed on to substantive comments on the RFI, authored and filed by CUPA-HR.

Once the proposed rule is published in the Federal Register early next week, the public will have 60 days to submit comments. NIRSA’s Government Affairs Committee will be continuing to monitor and discuss this issue.

Learn more about this topic at the DOL’s fact sheet and FAQ on this proposed rule.

  • For more information, please contact NIRSA Director of Advocacy & Strategic Partnerships, Erin O’Sullivan.
Director of Advocacy & Strategic Partnerships at |

Erin O'Sullivan is currently the Director of Advocacy & Strategic Partnerships at NIRSA.