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Here are a few helpful resources which provide guidance to you in preparing for the implementation of the Final FLSA Overtime Rule.

 

 

USCCB update 6/16/16: Please see page 4 for guidance from the USCCB Office of General Counsel regarding the DOL’s new overtime rule.

 

  1. NACPA is offered a free webinar Click to view the playback and flowchart resource.
  2. The Archdiocese of Baltimore has developed a Handbook for all parishes and schools.
  3. The DOL has offered several webinars – you can watch recordings of past events for the Non-Profit sector here.
  4. Technical Bulletin which includes strategies for compliance, from Arthur J. Gallagher & Co.
  5. The U.S. DOL’s Overtime Final Rule and the Non-Profit Sector, a two-page PDF document.(courtesy of A.J. Gallagher)
  6. A ten minute video from www.churchlawandtax.com given by Richard R. Hammer, senior editor:  What the New Overtime Rules Mean for Churches. Addresses the final rule as it relates to churches.
  7. Here you can register to access SHRM’s approxiametly 35 minute webinar: Understanding DOL’s New Overtime Rule (it will play automatically and may not pause – but the full presentation can be opened/saved/printed as a PDF on the left).
  8. Paycor’s 7-Step Guide to Overtime Regulations
  9. Q&A from the DOL Wage and Hour Division, May 26th, webinar.
  10. Fact Sheet #17A: Exemption for Executive, Administrative, Professional, Computer & Outside Sales Employees Under the Fair Labor Standards Act (FLSA)
    This U.S. Department of Labor resource provides general information on exemptions for executive, administrative, professional, computer and outside sales employees regarding their exemption from minimum wage and overtime pay providedby Section 13(a)(1) of the Fair Labor Standards Act as defined by Regulations, 29 CFR Part 541. This fact sheet uses the current weekly salary threshold of $455 not the $913 in the overtime final rule that will go into effected December 1, 2016.
  11. Guidance for Non-Profit Organizations on Paying Overtime under the Fair Labor Standards Act : 10-page document from the DOL.

New FLSA Overtime Rule: As summarized by SHRM

The U.S. Department of Labor (DOL) has published changes to the overtime rule that will make millions of exempt employees eligible for overtime pay later this year.

The White House announced many of the changes to the rule, which employers will have to comply with by Dec. 1, 2016.

What Is the New FLSA Overtime Rule?

The new rule extends overtime protections to 4.2 million additional workers who are not currently eligible under federal law.
Workers who earn as much as $47,476 a year ($913 a week threshold) will have to be paid overtime, even if they’re classified as a manager or professional.

The Department of Labor will increase the salary threshold every three years. Based on current projections, the salary threshold is expected to rise to more than $51,000 with its first update on January 1, 2020.

Employers must comply with the new regulations by December 1, 2016.

Full Coverage: Overtime Rule Issued; Increase Every Three Years Included
Read the text of the rule here.
– See more at: https://www.shrm.org/legalissues/federalresources/pages/overtime-rule-hub.aspx#sthash.jwJZVQut.dpuf

Pay Structures

The Department of Labor’s final rule revising the Fair Labor Standards Act overtime regulations, released May 18, will significantly alter employee pay structures. That should spur employers to evaluate their overall approach to total rewards.

Under the final rule:

• The annual salary threshold for exempt positions will jump from $23,660 to $47,476 (or from $455 to $913 per week), and will be updated every three years. That’s more than double the old threshold. Employees who earn less than the threshold must to be paid for over 40 hours worked in a workweek—at a rate not less than time and one-half their regular hourly pay rate—even if they’re classified as a manager or professional.

• There will be no change in the duties test used to determine whether employees earning more than the salary threshold must be classified as nonexempt from overtime, including the exemptions for executive, administrative and professional positions, among others.

• For highly compensated employees (HCEs), who may generally be considered exempt without regard to the duties test, the final rule raises the annual HCE salary threshold from $100,000 to $134,004.

• The new rule takes effect on Dec. 1, 2016. (See SHRM Online’s FLSA Overtime Rule Resources page.)

 

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