Federal Law Expands Access to Overtime to Millions of Workers
- Jordan D. Howlette
- Oct 11, 2024
- 4 min read
Updated: Apr 5
On July 1, 2024, the federal government implemented significant changes to expand overtime pay eligibility for millions of workers across the country. Through these revisions, the Department of Labor raised the salary threshold for overtime eligibility, giving more employees the right to receive time-and-a-half pay for hours worked beyond the standard 40-hour workweek.
These updates are part of an expansion to the Fair Labor Standards Act (FLSA), which governs wages, hours, and employment conditions. If you’re wondering if you qualify for overtime even as a salaried employee, we’re here to help.
Who is Eligible for Overtime Pay Under the New Law?
Overtime pay applies to eligible, non-exempt employees who work more than 40 hours per week. All hours worked beyond the 40-hour threshold are considered overtime and must be compensated at a rate of at least one and a half times the regular rate. Employers may choose to pay more than time-and-a-half, but they are required by law to meet that minimum rate.
The criteria for non-exempt workers have been updated as follows:
Old Rule (Prior to July 1, 2024) | $684 per week ($35,568 annually) |
Current Rule (Starting July 1, 2024) | $844 per week ($43,888 annually) |
Future Increase (Starting Jan. 1, 2025) | $1,128 per week ($58,656 annually) |
If you are a non-exempt employee earning less than $844 per week, or $43,888 annually, you are now eligible for overtime pay under the new rule. This increase ensures that more employees qualify for overtime pay. Additionally, the FLSA specifies that “highly compensated employees,” who previously could not receive overtime if they earned over $107,432 annually, are now subject to a threshold of $132,964 per year. By January 1, 2025, that figure will rise again to $151,164 annually. These employees are also eligible for overtime pay.
To put this into an example, if you currently make $700 a week as a salaried employee then you wouldn’t have been eligible for overtime under the prior rule but are eligible under the new one. The same is true for anyone who had a salary above $107,423 previously—they were not eligible but now are as long as they are below the new $132,964 threshold.
Exemptions to the New Overtime Rule
While this expansion brings overtime rights to many more workers, certain exemptions still apply. Employees who are paid on a salaried basis and primarily perform executive, administrative, or professional duties for their employer may not qualify for overtime pay. These employees, known as exempt employees, typically earn higher salaries and meet specific criteria for job duties that disqualify them from receiving overtime compensation under the FLSA.
Defend Your Rights and Wages as a Worker with Justly Prudent
Knowing your rights is the most critical element of defending your rights. If you believe you qualify for overtime but aren’t receiving it, Justly Prudent is here to help. We’ll listen to your situation, provide clear guidance, and ensure you understand your legal options. Your wages matter, and we’re here to help protect them. Contact us today to discuss how we can help you secure the compensation you are owed for the work you are doing and the hours you are working.
About the Author
Attorney Jordan D. Howlette is the founder and Managing Attorney of Justly Prudent, a civil rights law firm committed to confronting systemic injustice and holding wrongdoers accountable. Since transitioning from a successful tenure as a trial attorney in the U.S. Department of Justice, Jordan has dedicated his practice to representing individuals and businesses whose civil rights and individual liberties have been violated by public officials and institutions.
Under Jordan’s leadership, Justly Prudent has brought forward high-impact civil rights cases against local governments and agencies for egregious misconduct, including unlawful property seizures, racially discriminatory harassment, and abuses of regulatory power. His litigation strategy blends sharp legal analysis with an unrelenting commitment to equity, ensuring that every client—regardless of their background or resources—has a powerful advocate in their corner.
Jordan’s work has earned recognition for its courage and creativity in advancing justice through the courts. A veteran of the U.S. Army and a cum laude graduate of New England Law | Boston, he brings principled discipline and strategic focus to every case he handles. As Managing Attorney, Jordan continues to build Justly Prudent into a leading voice for civil rights and government accountability across the country.
DISCLAIMER: The information in this article is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Justly Prudent or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader should act or refrain from acting on the basis of any information included in, or accessible through, this article without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
