COMING IN 2019: UPDATE TO FEDERAL OVERTIME RULE
As you may recall, an Obama era change to the federal overtime rule would have doubled the salary threshold for exempt employees from $23,660 to $47,476. This would mean that, under the Fair Labor Standards Act (FLSA), an employee making less than $913 per week would be entitled to overtime for any hours worked beyond 40 in a week. Much to the relief of employers, a federal judge blocked the rule from taking effect 10 days shy of its effective date. The judge ultimately held that the rule was invalid in August 2017.
Nevertheless, the discussion regarding an increase to the threshold has not gone away. The Department of Labor (DOL) under the Trump Administration has indicated a willingness to consider an increase, but not one as dramatic as previously proposed. The DOL previously had stated that the Notice of Proposed Rulemaking could be expected by October 2018, but has recently indicated that the proposed rule will be delayed until 2019.
The proposed change to the federal overtime rule will be informed by comments the DOL received from the public in response to it’s July 2017 request for information. We encouraged employers to submit comments on changes to the salary threshold last year. The public will have another opportunity to comment once the proposed rule is issued in 2019. A final rule is not expected until late 2019 or early 2020.
What is the proposed rule going to be? It’s difficult to say for certain. Secretary of Labor Alexander Acosta has stated that the $23,660 threshold needs to be updated. However, he agreed the $47,476 threshold proposed during the Obama Administration was excessive. Therefore, employers can count on an increase to the salary threshold being more moderate than the previous proposal.
For now, employers do not have to make any changes, but they should prepare for an eventual increase in the salary threshold. Any employees currently classified as exempt, but paid below $40,000 are the most likely to be impacted by a rule change. Employers should identify those employees now so they are prepared once the rule is finalized.
Nevada Association of Employers will continue to monitor any proposed changes to the overtime rule. To ensure you stay up-to-date on the latest developments, join our mailing list.
HR FORMS
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Workplace compliance and HR administration
Nevada Association of Employers (NAE) has compiled a collection of commonly used HR forms, checklists, policies, and employer guides to help Nevada businesses manage workplace compliance and HR administration.
Whether you are looking for an employment application, employee file checklist, payroll deduction form, performance appraisal form, or FLSA exemption worksheet, NAE provides resources designed to support employers with day-to-day HR operations.
These tools help employers maintain consistent documentation practices and ensure workplace policies align with federal and Nevada employment regulations.
Employers who need additional guidance on HR compliance may also benefit from services such as HR Hotline support or professional HR audits, which help identify potential compliance gaps before they become legal issues.
Access HR Forms Through the Member Portal
NAE members can access these HR resources through the Member Portal (login required). The portal includes downloadable HR forms, customizable policies, and other templates that help employers manage employee documentation and HR procedures efficiently.
These resources are designed to work alongside other NAE compliance tools, including the HR Compliance Checklist and Employee Handbook Review services that help employers maintain legally compliant workplace policies.
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Need a Form or Resource Not Listed?
If you don’t see the HR resource you need, NAE’s HR professionals and employment law attorneys are available to help.
Members can request guidance or customized resources through services such as Legal Hotline or employment legal services, which provide expert advice on workplace compliance and HR documentation.
Contact Nevada Association of Employers to speak with our team about your HR needs.
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📧 Email: info@nevadaemployers.org
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