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Biden's new rule would cover 4 million more workers for overtime
The Biden administration announced a new rule Tuesday that would make millions of white-collar workers now eligible for overtime pay.
Starting July 1, the rule would increase the threshold at which managerial, administrative and professional employees are exempt from overtime pay to $43,888 from the current $35,568. This change would allow 1 million additional workers to be eligible for hourly pay and a half for each hour worked beyond a 40-hour week.
On January 1, the threshold would increase further to $58,656, covering 3 million additional workers.
This rule will restore the promise to workers that if you work more than 40 hours a week, you should be paid for that time, Acting Labor Secretary Julie Su said in a statement. Very often, lower-paid salaried workers do the same work as their hourly counterparts, but spend more time away from their families without additional pay. This is unacceptable.
Column:Biden's overtime pay proposal is the last thing our economy needs. Employers must speak out.
The new standard addresses one of President Biden's signature goals, raising wages for lower- and middle-class Americans, and it comes months after his clash with former President Donald Trump in the November election. For years, Biden and congressional Democrats proposed raising the federal minimum wage to $7.25 an hour, but were blocked by Republican lawmakers.
The new initiative also comes in the wake of a pandemic that has led to widespread burnout among millions of American workers and the desire of many to find a better work-life balance. The health crisis has triggered severe labor shortages that have given employees the opportunity to seek more flexible schedules and higher wages.
Last summer, the Department of Labor proposed raising the salary threshold for exempt employees to approximately $55,000, but updated the threshold in the final rule after receiving more than 33,000 public comments.
While hourly workers are generally entitled to overtime, salaried workers are not entitled to it if they earn more than a certain level of sterilization and supervise other workers, demonstrate expertise or professional judgment or hire and fire workers, among other tasks.
The new standard could be legally challenged by industry groups who have argued that excessively raising the standard exceeds Labor's authority, adds heavy regulatory and financial burdens, or compliance costs.
The Department (of Labor) had an opportunity to propose a reasonable increase in overtime rules that could have gained support from the retail industry, said Evan Armstrong, vice president of the Retail Industry Leaders Association , in November after Labor first proposed its change to overtime rules. . Instead, he sought to appease the same political allies behind the failed attempt to update overtime rules during the Obama administration. This proposal, if finalized, will likely meet the same fate.
In 2016, the Obama administration proposed doubling the overtime pay threshold from $23,660 to $47,476, but a federal judge struck down the increase as excessive. In 2019, the Trump administration set the current standard at $35,568.
The initial increase in the salary threshold to $43,888, which takes effect July 1, is based on a Trump administration formula that sets it at 20th percentile of full-time weekly wages for employees in the region with the lowest wages, which is currently the South. The increase to $58,656 on January 1 adopts a new formula which sets the threshold at 35th percentile of these weekly gains.
Beginning July 1, 2027, the rule would also adjust the salary threshold every three years to reflect updated salary data.
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