Key Issues

FLSA Overtime News and Resources

New White Paper! The Impact of the DOL’s Exempt Salary Increase on Higher Education Employers – Detailed guidance for determining who qualifies for the exemption and for ensuring compliance with minimum wage and overtime requirements for those who don’t. Visit the FLSA Toolkit in the Knowledge Center.

On September 24, 2019, the U.S. Department of Labor (DOL) released the final rule increasing the salary threshold for white-collar exemptions to the federal overtime pay requirements under the Fair Labor Standards Act from $23,660 to $35,568. DOL has reaffirmed its intent to update the salary threshold more regularly, but did not include any mechanism to automatically update the threshold. The final rule does not make any changes to the duties test.

Employers will need to be in compliance with the new rule by January 1, 2020.

  • Final Rule, Published in the Federal Register - Read now
  • DOL Fact Sheets - Read now
  • Higher Ed-Specific Fact Sheet (March 2018) - Read now
  • DOL Q&A - Read now

CUPA-HR Resources

  • The Impact of the FLSA Overtime Rule on Higher Education - Read the brief
  • Next Steps From an Institution That Implemented the Higher Threshold in 2016 - Read the steps
  • Washington Insider Alert - DOL Releases New Overtime Rule - Read the alert
  • Fair Labor Standards Toolkit (A CUPA-HR Knowledge Center Resource) - Browse the toolkit

How Have Higher Ed Institutions Prepared for the New Rule?

A previous version of the overtime rule (which had a much higher threshold) was scheduled to go into effect on December 1, 2016, until an injunction stopping the rule was issued on November 22, 2016. In the months leading up to the implementation date of the previous rule, CUPA-HR surveyed institutions across the country to find out what actions they were taking in preparation for the change. Check out the 2016 infographic of the survey results.