Effective December 1, 2016, the DOL will enforce a new rule regarding overtime pay. Unless an employee is specifically exempted, an employee covered by the FLSA must receive overtime pay for hours worked in excess of 40 hours per week. Under the new rules, employees generally will be exempt from the new overtime rules if they: (1) are salaried; (2) are paid more than $913 a week; and (3) primarily perform executive, administrative, or professional duties. Certain highly compensated employees (defined as earning more than $134,004 per year) are also exempt. Employers generally will respond to the new rules by (1) paying additional overtime pay, (2) increasing salaries to exceed the $913 weekly threshold and/or (3) adjusting employee work schedules. Employers should review their 401(k) plan and other retirement plan documents prior to December 1 and confirm whether the plan properly treats any new payments of compensation. Amendments to the plan document and/or to the payroll practices may be warranted. Read more about the new rule here.
