The Countdown Is On – New Overtime Rule Goes Into Effect December 1
Update: On November 22, a U.S. District Court judge from Texas issued a preliminary injunction postponing the effective date of the overtime rule, meaning the rule will not go into effect on December 1.
With less than 30 days left until the rule raising the Fair Labor Standards Act’s exempt salary threshold to $47,476 takes effect, reclassification and communication efforts are ramping up at many institutions. While the new rule technically goes into effect on December 1, your institution will likely need to be prepared earlier, as you’ll need to be in compliance before the pay period encompassing that date begins.
If you’re still struggling with how to navigate, communicate and execute the changes, we can help! We’ve created and compiled several members-only resources to help institutions think through classification conundrums, communication strategies and compliance questions.
Three white papers, authored by Alex Passantino, labor and employment attorney and former acting administrator of DOL’s Wage and Hour Division, offer guidance on several positions unique to higher ed:
- Payment of Coaches and Athletic Trainers – offers some clarification around how/when/if athletics staff can be considered exempt under the FLSA.
- Impact of the New Overtime Rule on Higher Ed Employers – provides guidance on the exempt/non-exempt status of several higher ed-specific positions (think academic and non-academic administrators, residence hall directors, postdocs, etc.) and offers guidance on communication strategies and best practices for ensuring compliance with the FLSA’s minimum wage and overtime requirements for employees who do not qualify for the exemption. The paper also covers issues concerning part-time employment; partial-year employment; salary paid by multiple sources; room and board; and student workers.
- Impact on Public and Land-Grant Institutions – offers a recap of the information in the “Impact on Higher Ed Employers” white paper mentioned above and also addresses the exempt/non-exempt status of extension agents and educators at public and land-grant universities.
FLSA Essentials Videos
These short videos offer an overview of the FLSA and how the new overtime rule could impact your institution.
Advice From Peers
There’s been lots of dialogue, resource sharing, advice and collective brainstorming around the new rule on CUPA-HR Connect, the association’s members-only online discussion space. It’s a great place to find out what other institutions are doing and to share your approach — simply log in and search “FLSA” in the General Discussion group to see all of the related discussion threads, or post your own question.
How-Tos, Readings, Policies and More
The FLSA Toolkit in the Knowledge Center contains several resources related to the FLSA in general and the new overtime rule, including sample communications, talking points, guidance from DOL and more.
Links to the resources highlighted here, plus FLSA-related news and updates, can be found on CUPA-HR’s FLSA Overtime Regulations web page.