The Fair Labor Standards Act (FLSA) is a cornerstone of labor law in the United States, governing wage standards, minimum wage, and employee classifications. It’s a crucial piece of legislation for employers and employees alike. In this article, we’ll delve into the proposed changes to the FLSA, particularly regarding the salary thresholds for exempt employees, and discuss how these changes may impact employers and workers. 

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Understanding the FLSA 

The Fair Labor Standards Act sets the standard for minimum wage, overtime pay, and other employment-related regulations at the federal level. Most employers in the U.S. are subject to the FLSA, making it a critical reference point for labor practices. The FLSA distinguishes between exempt and non-exempt employees, primarily focusing on the payment of overtime. 

Exemptions and Salary Basis 

The FLSA includes exemptions that allow certain employees to be paid a salary without being entitled to overtime pay. These exemptions are often referred to as “white collar” exemptions and encompass professional, administrative, and executive roles, typically involving non-manual office work. 

To qualify for these exemptions, employees must meet specific criteria, including a duties test. However, two critical components are the salary basis and salary threshold: 

Salary Basis: Exempt employees must be paid a salary, distinguishing them from non-exempt, hourly workers. 

Salary Threshold: Exempt employees must earn a minimum salary per week to maintain their exemption status. 

Proposed Changes to Salary Threshold 

The heart of the proposed changes to the FLSA lies in the salary threshold. Currently set at $35,568 per year, the salary threshold is a critical benchmark for exempt employees. The proposed rule, if implemented, would dramatically raise this threshold to $55,068 per year—an increase of approximately $20,000. 

For context, this means that any salaried exempt employee earning between $35,000 and $55,000 per year could be significantly impacted by these changes. Employers would either need to raise salaries to meet the new threshold or reclassify affected employees as non-exempt, thus requiring the payment of overtime. 

Implications for Employers and Employees 

The potential implications of this proposed rule are significant for both employers and employees. Employers would face increased labor costs due to higher salaries for impacted employees or the need to pay overtime. For employees, it could mean increased job security or the opportunity to earn overtime pay. 

Additionally, the proposed rule could lead to changes in hiring practices, potentially affecting the way companies structure their workforce. To adapt to these changes, employers should closely monitor the progress of the proposed rule and consider how it might impact their payroll and human resources strategies. 


The proposed changes to the FLSA, particularly the substantial increase in the salary threshold for exempt employees, have the potential to reshape the employment landscape in the United States. While the rule’s impact remains to be seen, it is essential for employers to stay informed, consult legal experts, and be prepared to adjust their practices to comply with any new regulations.  

For employees, these changes could represent a significant shift in their employment status and compensation. As the Department of Labor finalizes the rule, both employers and employees should keep a close eye on how these changes will affect them in the coming years. 

Asure supports 100,000 small and midsize businesses in all 50 states. Learn more about how partnering with Asure can help you grow your business. 

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