DOL Proposes Increase to the Salary Exemption Threshold – Ramifications in Higher Education


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Our colleagues, Liam McMillin and Tommy Rogers of Bricker Graydon’s Labor & Employment Group, recently posted a publication on the Department of Labor’s (DOL) proposed rule to increase the Fair Labor Standards Act’s (FLSA) annual salary threshold to $55,068.

While this proposed rule would affect all employers, it would be especially impactful on higher education employers. Many institutions of higher education hug the salary threshold for overtime exemption for many of their campus positions. These thresholds are especially apt in the non-exempt higher education status denoted by the DOL (see Fact Sheet #17S for a refresher), especially for residence life (e.g. hall directors), assistant coaches, and other student employee positions that may encounter overtime.

Though the law has not changed yet, higher education institutions should revisit the job duties in their position descriptions for positions that are at or below the threshold of $55,068 but at or above $35,568 (the current salary threshold for exempt positions) in anticipation of this change. 

Our robust team at Bricker Graydon is always here to keep you informed, compliant, and ahead of the curve.

Original article can be found here.

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