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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118788
Experience:  20+ Years of Employment Law Experience
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DOES THE NEW DOL OVERTIME RULE APPLY TO MANUFACTURING AND

Customer Question

DOES THE NEW DOL OVERTIME RULE APPLY TO MANUFACTURING AND DISTRIBUTION SALESPEOPLE THAT HAVE ALWAYS WORKED A LOT MORE THAN 40 HOURS PER WEEK?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The new DOL overtime/exempt employment rules will take effect at the end of this year and they apply for all employees. They do not change the normal exemptions that previously applied, but they change the minimum salary that someone must receive to be deemed a salary/exempt employee to $913 per week; $47,476 annually for a full-year worker. See: https://www.dol.gov/whd/overtime/final2016/general-guidance.pdf
As far as the regular exemptions for overtime for outside sales persons or any other exemptions that previously existed those have not been changed.
The employer has the option of not changing an exempt employee's pay and giving them the higher salary, but then having to pay the employee overtime if they work over 40 hours in a week, that is just an option in the final rule.