The Department of Labor has finalized new overtime laws. The new federal law, which includes Wisconsin, will take effect on December 1, 2016. The Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219, requires employers to pay workers an overtime rate for hours worked in excess of 40 hours per week. With so many Americans working longer hours and not being fairly compensated for that time, the new employment law will benefit many individuals.
If you are in an executive or managerial position, you may be jumping up and down about the new revisions. The good news is that the wage threshold for salaried workers has changed. This means more salaried employees will be eligible for overtime pay. Previously, the salary threshold was set at $23,600 a year or $455 a week, low numbers that employers were using to take advantage of employees. The new revision increases the salary threshold to $47,476 a year or $913 a week to qualify for an executive, administrative, or computer employee exemption. The new salary threshold aims to reduce the number of salaried employees who are not receiving overtime pay for additional hours worked.
If you are earning less than $47,476 a year and are not being paid overtime, speak with your employer immediately. Employers are required to pay all non-exempt employees overtime pay when they work more than 40 hours per week or increase the salary of their non-exempt workers to meet the threshold requirement. This means that you may be getting a raise.
The bad news…
If you are a non-exempt employee and you also earn commissions and bonuses, you may not want to celebrate too soon. Employers can include your bonuses and commissions with your current salary in order to meet the threshold requirement.
The other piece of bad news is that the language which dictates who falls under an executive, administrative, or computer employee is not clear. This gives employers an opportunity to “file” your job title under something other than executive, administrative, or computer in order to bypass paying you overtime. If your job title changes, but your duties and salary do not, you may want to contact our Walworth County employment law attorney.
Contact Our Walworth County Employment Law Attorney
If you feel you are being taken advantage of in the workplace, contact our Walworth County employment law attorney. As a non-exempt employee, you legally deserve compensation for the overtime hours you work, even if you are a salaried employee. You can contact our Walworth County employment law attorney by phone at 262-725-0175 or by email via our website’s contact page. Wynn at Law, LLC has employment law offices located in Delavan, Lake Geneva, Salem, and Muskego, Wisconsin.
Schedule an appointment with our Walworth County Employment Law Attorney.
*The content and material on this web page is for informational purposes only and does not constitute legal advice.