On September 24, the US Department of Labor (DOL) made their final rule, updating the Fair Labor Standards Act (FLSA)’s overtime pay requirements.

The final rule increases the salary threshold for white-collar exemptions from the currently-enforced level of $455 per week to $684 per week; this is equivalent to increasing from $23,660 to $35,568 per year. The DOL did not make any changes to the duties test.

The Department of Labor has indicated its intention to update the salary threshold more regularly, but has not included further specification. Barring any additional litigation, employers will need to be in compliance with the new rule by January 1, 2020.

The DOL has issued additional information, including several fact sheets, a Q&A document, and other materials on the rule.

Additional resources for higher education

CUPA-HR‘s 2019 Professionals in Higher Education Survey provided a snapshot of professional areas most likely to be impacted by changing the salary threshold to $35,308 (an earlier proposed number).

CUPA-HR will also be providing a free webinar on October 3 at 1:00pm EST on the new rule. This will be presented by Alex Passantino, partner at Seyfarth Shaw and former acting administrator of the DOL’s Wage and Hour Division. More information and access to registration will be available soon on their website.

NIRSA’s Government Affairs Committee will be continuing to monitor and discuss this issue, providing updates to the membership as they can.


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

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