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The US Department of Labor has changed the salary level that an employee must earn in order to be considered exempt from being paid overtime. Although this was effective on January 1, 2020, if companies have not made this change they are accruing potential penalties until such time as the change is made and employees are correctly classified. If an employee is not eligible to be considered exempt then every time they work over 40 hours in a week the payroll is increasing. However, claiming an employee is exempt just because you pay them a salary is not the solution. You must also make sure they pass the “duties” test. You must also be certain you are not making improper deductions, which could ruin your exemption, for that employee and all others in similar jobs.

The Department of Labor changed the requirements for exempting someone from receiving overtime effective January 1, 2020. If you have not made these corrections NOW is the time to do so.


  • The new salary level
  • Requirements of the new salary rule
  • The duties test
  • How to determine which employees can be exempt

Violations of the allowed overtime exemptions can create a hefty financial burden if not corrected. Backpay and due overtime payments, and potential penalties can cost a company considerable money. Save yourself this pain and suffering by making sure you exempt employees are truly exempt.


The key audience includes everyone who is responsible for ensuring compliance with the Fair Labor Standards Act. This includes

  • Vice Presidents of HR
  • Human Resource Managers
  • HR generalist
  • Payroll administrators
  • Office managers
  • Accounting managers
  • Operations managers
  • HR Managers
  • Business Owners

Michael D. Haberman is a consultant, speaker, writer and teacher. He is President of Omega HR Consulting, a consulting and services company offering complete human resources solutions. Mike brings 35+ years of experience in dealing with the challenges of Human Resources in the 21st century. He has a Master's in HR and is certified as a Senior HR professional. He has over 18 years’ experience in the class room teaching human resources fundamentals and certification preparation.

Mike is the author of the Human Resources blog found at OmegaHRConsulting.com , which has been recognized as a top human resources related blogs. He has also been named a top Digital Influencer in Human Resources.

Mike has gained a reputation as a compliance expert and as an HR futurist. He speaks on a variety of subjects to business associations, human resource associations and business based civic clubs. He has presented numerous webinars on various HR related issues.

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