A Bold Step Toward Fairness: Proposed Overtime Protections for Low-Paid Salaried Workers

In a significant development aimed at bolstering workers’ rights and economic security, the U.S. Department of Labor (DOL) has unveiled a proposed rule that could bring overtime protections to approximately 3.6 million low-paid salaried employees. This rule would ensure that more workers receive additional compensation for their extended work hours, marking a pivotal moment in the ongoing quest for fair labor practices.

Acting Secretary Julie Su set the stage for this proposal by highlighting the essence of the 40-hour workweek, “For over 80 years, a cornerstone of workers’ rights in this country is the right to a 40-hour workweek, the promise that you get to go home after 40 hours or you get higher pay for each extra hour that you spend laboring away from your loved ones.”  The fundamental promise is simple: after 40 hours of labor, employees should either be allowed to head home or receive higher pay for each additional hour. This promise has eluded many workers who, despite working tirelessly, find themselves without the compensation they deserve.

The Biden-Harris administration’s proposed rule seeks to rectify this disparity by granting millions of low-paid salaried workers the right to overtime protections if they earn less than $55,000 per year. It is a bold step forward in the direction of economic security for workers who have felt the weight of extended work hours without the commensurate financial reward.

The Proposed Rule in Detail

The proposed rule is multi-faceted, addressing various aspects of overtime protections for low-paid workers:

  1. Extending Overtime Protections: A key feature of the proposal is the extension of overtime protections to low-paid salaried employees. Many of these workers find themselves working alongside hourly employees, often performing similar tasks, and consistently exceeding 40 hours of work per week. However, due to outdated and misaligned regulations, these low-paid salaried workers have not been receiving overtime pay at a rate of time-and-a-half for hours worked beyond the standard 40-hour workweek. The DOL’s proposed salary threshold aims to rectify this, ensuring that more low-paid salaried workers receive the overtime protections that have traditionally been granted to their hourly counterparts.
  2. Redefining Exempt Employees: The proposal also endeavors to better identify which employees qualify as exempt executive, administrative, or professional employees and, therefore, are not entitled to overtime pay. This clarification is essential to ensure that those who do not meet these exemption criteria can receive additional compensation for working beyond 40 hours a week.
  3. Safeguarding Against Future Erosion: To prevent the erosion of overtime protections in the future and provide greater predictability, the proposed rule suggests automatically updating the salary threshold every three years to reflect current earnings data. This proactive approach aims to ensure that workers continue to receive fair compensation as economic conditions evolve.
  4. Equal Protections for U.S. Territories: From 2004 to 2019, the DOL’s regulations ensured that U.S. territories subject to the federal minimum wage also adhered to the overtime salary threshold. The proposed rule intends to reinstate this practice, ensuring that workers in U.S. territories receive the same overtime protections as their counterparts on the mainland.

While this proposed rule offers much-needed hope for low-paid salaried workers, it is important to note that it will be open for public comment until November 7, 2023, in the Federal Register.

The Impact on Employers

In light of this proposal, employers are encouraged to revisit their overtime rules for salaried workers. Ensuring compliance with existing regulations and anticipating potential changes is essential for maintaining good labor practices and fostering a positive work environment.

Legal Counsel Matters

Given the proposed rule’s potential to significantly affect employers and workers alike, it is likely to be closely scrutinized during the public comment period. Employers should stay informed about the progress of this proposal and any subsequent developments in labor law to ensure continued compliance and fair treatment of their employees. In this context, seeking legal counsel from an experienced employment lawyer can be a prudent step. Contact Catalyst Legal today to safeguard your company and your employees’ rights and interests particularly during periods of regulatory transition!


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