As of January 1, 2020, the federal salary threshold for employees to qualify as exempt from overtime will increase from $455 per week ($23,660 per year) to $684 per week ($35,568 per year). For employees to qualify under the Fair Labor Standards Act’s (FLSA) “highly compensated employee” exemption, the minimum salary threshold will increase to $107,432 per year.
As a reminder, for an employee to be classified as exempt, they must meet both the minimum salary requirement and the “duties test.” This new law does not make any changes to the duties test.
It also does not affect employees in California, where the exempt salary threshold is higher.
California employers must comply with the higher thresholds for their employees working in the state. The minimum annual salary for a managerial, administrative, or professional employee in California to be classified as exempt is $49,920 ($45,760 for employers with 25 or fewer employees). Also, California does not recognize the “highly compensated employee” exemption.
Another difference is that the federal law allows for bonuses, commissions and incentives that are paid at least annually to be counted toward the minimum salary requirement. California makes no such provision. And California’s duties test is stricter than the duties test under federal law. Here, an employee must spend more than 50% of their time in each workweek performing exempt duties to qualify as exempt from overtime.
If you have employees outside of California now is the time to review your compensation plans for exempt employees and make any changes needed to comply with the new federal law by January 1.
If you only have employees in California, it’s also a good time to review employee compensation and classification to ensure you are complying with California law.
Please reach out to me at michelle@connecttohr.com if you need help reviewing employee classifications.

Last time we talked about establishing your pay philosophy. Once you’ve done that and have committed it to paper (to be periodically updated) the next step is to understand the market so you can develop pay rates for each of the positions you identified in your workforce plan.
For the past couple of blogs, I’ve been talking about various aspects of HR planning and the importance of being proactive vs. reactive around people-related activities. One of the most important activities to plan for is compensation. What have you budgeted for compensation, and how will you allocate it for merit increases and adjustments needed to attract and retain the skills identified in your workforce plan?
In my last blog, I discussed the importance of taking some time – now – to plan for the various HR activities that need to occur throughout the year. A good place to start is with your workforce planning. We all want to grow our businesses. But without a clear understanding of the knowledge and skills that will be required to move the business to the next level, this is a difficult goal to achieve.
As the New Year gets underway, this is the perfect time to do some planning for the various HR activities that need to occur throughout the year. If you haven’t already, I highly recommend that you get out your calendar to schedule the following HR activities and begin developing a plan for each of them. It’s very easy to get so caught up in day-to-day operations that these activities sneak up on you, and then are either delayed, not done well, or missed entirely.
Millennials (those people born between 1980 and 2000) are now the nation’s largest living generation, surpassing Baby Boomers, according to the U.S. Census Bureau. In fact, it’s projected that by 2025, Millennials will make up 75% of the workforce. This means that finding ways to effectively attract and retain them will become essential in keeping the wheels of your business churning!