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Explains that most employees below the salary threshold will be entitled to overtime pay, with related updates for highly compensated employees, nondiscretionary bonuses, and special salary levels in specific industries and territories. Provides practical preparation steps—communications planning, tracking hours, budgeting, policy and classification reviews—and answers key FLSA comp time, flex time, special event volunteering, and travel-time questions for non-exempt staff.",{"@graph":69,"@context":127},[70,84,106],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/us-department-of-labor-overtime-rules-background-tips-to-prepare-and-frequently-asked-questions-october-2019/298379/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/us-department-of-labor-overtime-rules-background-tips-to-prepare-and-frequently-asked-questions-october-2019/298379.png","ImageObject",300,407,{"name":92,"@type":93},"8796093062539","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-19","2026-09-18",true,{"@type":102,"interactionType":103,"userInteractionCount":105},"InteractionCounter",{"@type":104},"ViewAction",11,{"@type":107,"mainEntity":108},"FAQPage",[109,115,119,123],{"name":110,"@type":111,"acceptedAnswer":112},"Rather than pay overtime, may an employer offer non-exempt employees comp time?","Question",{"text":113,"@type":114},"Compensatory time can only be requested by the employee. 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Travel time counts as work hours.","https://schema.org",{"og:url":83,"og:type":129,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":131,"canonical":83},"index,follow",{"doc_id":133,"site_id":62},298379,1789756115,{"code":4,"msg":5,"data":136},{"doc_id":133,"user_id":137,"nickname":92,"user_avatar":66,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":138,"file_id":139,"file_url":140,"file_type":141,"file_size":142,"view_count":105,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":34,"language":143,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":144,"faqs":145,"seo_title":146,"seo_description":67,"update_tm":134,"read_time":147,"preview_page_count":4},8796093062539,"U.S. Department of Labor Overtime Rules  \nBackground, Tips to Prepare, and Frequently Asked Questions  \nOctober 2019  \nBackground  \nOn September 24, 2019, the U.S. Department of Labor announced a final rule that most employees earning less than $35,568 per year will be entitled to overtime pay. The rule goes into effect January 1, 2020. The rule also includes revisions around highly compensated employees, nondiscretionary bonuses and special salary levels for workers in U.S. territories and the motion picture industry. This document addresses only overtime rules; for the full rule, please click here.  \n• Under these rules, United Way exempt staff, including managers, directors, vice presidents, and even some CEOs who make less than $35,568 will be limited to 40 hours per week. If they work more than 40 hours in any workweek, they must be paid overtime.  \n• The question of whether this rule applies to your United Way is complicated and depends on where your employees perform their duties, the nature of your revenues, and the work that individual employees perform.  \nHowever according to the U.S. Department of Labor, almost every employee in the United States is covered by the Fair Labor Standards Act (FLSA). The Fair Labor Standards Act includes provisions for overtime pay.  \n• The recently announced U.S. Department of Labor overtime rule will impact many United Way employees: approximately 12% of United Way staff earn less than the new threshold ($35,536) and 50% of staff at United Ways raising less than $500,000 are below the threshold.  \n• The initial assumption is that the FLSA applies to all employees. Therefore, they are “non-exempt” and are eligible for overtime pay unless the three tests (salary level, salary basis and duties tests) have been performed and at least one of the exemptions applies. See attachment with details on the three tests. To determine if an employee is exempt from the FLSA (and overtime pay), apply the three tests for exemption; you may need to consult with an HR professional for guidance on this process. In most cases, employees must qualify under all three tests in order to be classified as “exempt.”  \n− Salary level test and  \n− Salary basis test and  \n− Job duties test  \n▪ Executive duties  \n▪ Administrative duties  \n▪ Professional duties  \n• We believe all, or nearly all, United Way employees with compensation below the threshold of $35,568 are covered by the FLSA and the overtime provision because they engage in interstate commerce, including making out of state phone calls, receiving interstate mail or email, ordering or receiving goods from an out of state supplier, etc. Note – engaging in interstate commerce is one of the ways an individual is covered by FLSA. For full details on FLSA coverage, please click here.  \n• The new overtime rule changed the salary level test. The threshold under which employees are automatically  \nnon-exempt changed from $23,660 (or $455 per week) to $35,568 (or $684 per week) . All employees with compensation at or below the threshold are non-exempt and must be paid overtime.  \n• Note that some states have laws with provisions concerning overtime pay. Consult with a local HR specialist or legal counsel for questions about what is required by your state.  \nTips to Prepare  \n• Prepare a communications plan to explain the changes.  \n• Establish a process to record and track hours worked.  \n• Review budgets to determine if/how potential overtime expenses can be absorbed.  \n• Consider revising policies because of potential overtime.  \n• Undertake a review of FLSA classifications to confirm which positions will be exempt and non-exempt by January 1, 2020. Determine who will manage the review process and whether external help is needed from an HR specialist or legal counsel.  \n• Update all job descriptions to reflect full depth and breadth of duties.  \n• Review all currently exempt jobs.  \n• Decide how changes will be handled. Some options:  \n− Reclassify positions and ","cbCaihIK4wWpRx0n","https://ap.wps.com/l/cbCaihIK4wWpRx0n","pdf",743619,"English","# Background\n## Tips to Prepare\n## FAQs","[{\"question\":\"Rather than pay overtime, may an employer offer non-exempt employees comp time?\",\"answer\":\"Compensatory time can only be requested by the employee. It cannot be imposed by the employer; cash payment is required unless the employee requests otherwise and uses the time within the same week.\"},{\"question\":\"How do flex time arrangements affect overtime for non-exempt employees?\",\"answer\":\"Flex time involves alternative schedules, but it only impacts overtime when employees exceed 40 hours in a week. State laws may also affect flex time rules for non-exempt employees.\"},{\"question\":\"Can non-exempt staff volunteer for after-hours special events requiring “all hands”?\",\"answer\":\"It depends on their regular duties and whether overtime was authorized. If the event work is part of regular duties, those hours count toward the week’s total; if overtime was not authorized, the employee’s hours still accrue toward the 40-hour threshold.\"},{\"question\":\"How does travel time work for non-exempt employees?\",\"answer\":\"For non-exempt employees on non-local business travel, the first approach is to have travel occur during regular work hours. Travel time counts as work hours.\"}]","U.S. Department of Labor Overtime Rules - Background, Tips to Prepare, and Frequently Asked Questions - October 2019 | PDF",18]