Sep 26, 2019
NRF supports new overtime rule

The National Retail Federation has issued a statement in support of the U.S. Department of Labor’s (DOL) final rule to make 1.3 million American workers eligible for overtime pay under the Fair Labor Standards Act (FLSA).

“We applaud the Department of Labor for adopting a reasonable, thoughtful approach to updating the nation’s overtime rules. This move brings overtime eligibility up to speed with today’s economy. Just as important, it provides regulatory certainty for American retailers while promoting upward mobility and workplace flexibility for employees,” said David French, senior vice president for government relations for The National Retail Federation.

The final rule updates the earnings thresholds necessary to exempt executive, administrative or professional employees from the FLSA’s minimum wage and overtime pay requirements, and allows employers to count a portion of certain bonuses (and commissions) towards meeting the salary level. The new thresholds account for growth in employee earnings since the currently enforced thresholds were set in 2004. In the final rule, DOL is:

  • raising the “standard salary level” from the currently enforced level of $455 to $684 per week (equivalent to $35,568 per year for a full-year worker);
  • raising the total annual compensation level for “highly compensated employees (HCE)” from the currently-enforced level of $100,000 to $107,432 per year;
  • allowing employers to use nondiscretionary bonuses and incentive payments (including commissions) that are paid at least annually to satisfy up to 10 percent of the standard salary level, in recognition of evolving pay practices; and
  • revising the special salary levels for workers in U.S. territories and in the motion picture industry.

The final rule will be effective on Jan. 1, 2020.

DOL estimates that 1.2 million additional workers will be entitled to minimum wage and overtime pay as a result of the increase to the standard salary level. The Department also estimates that an additional 101,800 workers will be entitled to overtime pay as a result of the increase to the HCE compensation level.

NRF also sent a letter to the Senate Committee on Health, Education, Labor and Pensions expressing strong support for the nomination of Eugene Scalia to be the next Secretary of Labor.


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