FLSA Overtime News and Resources

DOL's FLSA Overtime Final Rule

On April 23, 2024, the Department of Labor (DOL) issued the highly anticipated final rule to alter the overtime pay regulations under the Fair Labor Standards Act (FLSA). Learn more.

Rule Highlights

• Standard Salary Level: The final rule increases the minimum salary threshold to $43,888 on July 1, 2024, and then to $58,656 on January 1, 2025. Institutions will need to make all necessary adjustments by July 1, 2024, in order to be in compliance with the final rule.
• Salary Level for Highly Compensated Employees: The final rule increases the salary level for the Highly Compensated Exemption (HCE) from its current level of $107,432 to $132,964 per year on July 1, 2024, and then to $151,164 on January 1, 2025.
• Duties Test: The rule does not make any changes to the duties requirements.
• Automatic Updates: The threshold will be automatically updated every three years by tying the threshold to the 35th percentile of weekly earnings of full-time salaried workers in the lowest-wage Census Region. The automatic updates will begin on July 1, 2027.

CUPA-HR’s Statement in Response to the Final Rule

CUPA-HR Resources for Higher Education

• CUPA-HR Washington Update: How the DOL’s Changes to Overtime Rules Will Impact Campus (On-Demand May 8 Webinar)
• White Paper: FLSA Exemption Guidance and Compliance Best Practices – Prepared in response to the 2019 overtime threshold change, this white paper addresses many of the questions most relevant to higher ed regarding implementation of new overtime rules. The threshold numbers do not reflect the 2024 final rule, but the implementation strategies and considerations are the same.
• CUPA-HR’s FLSA Overtime Toolkit (CUPA-HR Members Only)

DOL Resources on FLSA Overtime

For HR practitioners navigating the 2024 final rule, DOL guidance associated with the 2019 final rule, opinion letters specific to higher education, and a bulletin related to telework can offer valuable insights.

DOL FLSA Overtime Fact Sheets

• DOL Fact Sheets (17A-17U) – These 21 fact sheets published in 2019 cover a wide range of overtime exemption guidance, starting with “Exemption for Executive, Administrative, Professional, Computer and Outside Sales.”  Read now
• Fact Sheet #17S: Higher Education Institutions and Overtime Pay Under the Fair Labor Standards Act (FLSA) – This fact sheet was published in 2019 and addresses specific questions related to higher ed institutions. Read Now
• Fact Sheet #82: Fluctuating Workweek Method of Computing Overtime Under the Fair Labor Standards Act (FLSA) / “Bonus Rule” Final Rule – This fact sheet was published in 2020 and provides guidance related to employees who have work schedules that vary from week to week. Read Now

DOL FLSA Overtime Opinion Letters

• FLSA2019-4: Application of the teacher exemption to Nutritional Outreach Instructors employed by a public university (April 2019) – Read Now
• FLSA2018-6: Coaches and the teacher exemption under section 13(a)(1) (January 2018) – Read Now
• FLSA2005-42: Academic advisors and intervention specialists under section 13(a)(1) (October 2005) – Read Now

DOL Field Assistance Bulletins

• FAB 2020-5: Employers' obligation to exercise reasonable diligence in tracking teleworking employees' hours of work (August 2020) – Read Now

CUPA-HR News and Advocacy Related to FLSA Overtime