DOL Salary Threshold questions

[HAYLEN]

I live in Ohio.

I am a hotel General Manager. My salary is $42,000 per year. In addition to my salary, I get quarterly bonuses based on gross operating profit.

I've been reading about the DOL raising the salary threshold...first in April of this year, and it will be raised again in January of 2025.

Am I getting screwed here? I did not get a salary increase in April...and I can guarantee I won't be getting a call on January 1st from my employer congratulating me on the significant raise he is giving me.

I consider myself a pretty smart individual...and maybe I'm overthinking this...but isn't my employer required to increase my salary on January 1st? Or, option #2, pay me hourly with overtime pay for anything over 40 hours a week?

 

[adjusterjack]

I've been reading about the DOL raising the salary threshold...first in April of this year, and it will be raised again in January of 2025.

My guess is that you are misunderstanding what you are reading.

If it's this:

Biden-Harris administration finalizes rule to increase compensation thresholds for overtime eligibility, expanding protections for millions of workers | U.S. Department of Labor (dol.gov)

Then you are certainly misunderstanding what you are reading and should read again, slowly and carefully.

 

[bcr229]

The language of the final rule is here. I found it rather dry and boring reading.
https://www.dol.gov/sites/dolgov/files/WHD/flsa/ot-541-final-rule.pdf

There are fact sheets provided by the DoL that provide more insight:
https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime
https://www.dol.gov/agencies/whd/overtime/fact-sheets
https://www.dol.gov/agencies/whd/overtime/salary-levels

Those fact sheets have the contact info for the DoL. I would call or email them and ask about your specific situation since you're getting the quarterly bonuses, as there was some verbiage in there about bonuses affecting the annual threshold for OT, but I think that only applies to highly compensated employees (HCE's), which you are not.

Personally if I should have been receiving OT since July 1, I wouldn't say anything to my employer until January. An increase of $40-45/week in base pay now would be over the OT threshold while working long hours during the busy holiday season.

Hopefully you've tracked hours worked since July 1 in case you need to file a wage claim.

 

[cbg]

The law does not and never was intended to require that your salary be raised.

What the law does is reset the line where you can be considered to be salary exempt.

 

[zddoodah]

I've been reading about the DOL raising the salary threshold...first in April of this year, and it will be raised again in January of 2025.

Threshold for what? What have you been reading?

Am I getting screwed here?

Screwed by whom? How so?

isn't my employer required to increase my salary on January 1st?

What? Why would you think that?

 

[HAYLEN]

Apparently, I haven't worded my question correctly. I do have some additional information...I dug out my contract...

My contract states, in part:

This is an exempt (salaried) position under wage and hour laws. We will compensate you at an annual salary rate of $38,000 per year, subject to normal and lawful payroll deductions. At the six month evaluation, your salary will increase to $42,000.

It also states:

Attached is a job description. If you have any questions relating to the description and duties, please do not hesitate to ask. Please note that this job is not based on 40 hours a week. It is based on "when the job is complete", which usually means a minimum of 50 hours per week.

So my question is: On January 1st 2025 if, indeed, the minimum salary threshold for exempt employees is raised to $$58,656, is my employer required to do one of two things...1) Raise my salary to $58,656 or 2) classify me as a non-exempt employee and pay me overtime?

 

[LdiJ]

Apparently, I haven't worded my question correctly. I do have some additional information...I dug out my contract...

My contract states, in part:



It also states:



So my question is: On January 1st 2025 if, indeed, the minimum salary threshold for exempt employees is raised to $$58,656, is my employer required to do one of two things...1) Raise my salary to $58,656 or 2) classify me as a non-exempt employee and pay me overtime?

You should be able to get your questions answered here:

Earnings thresholds for the Executive, Administrative, and Professional exemption from minimum wage and overtime protections under the FLSA | U.S. Department of Labor

However yes, anyone's salary that is below that threshold is non-exempt and therefore must be paid as non-exempt, which includes overtime pay.

However, your employer does have the option of simply not allowing you to work more than 40 hours per week, so that doesn't guarantee you a raise OR overtime

 

[cbg]

Yes.