New DOL additional time rule: Implications and workarounds


On July 1, the Division of Labor’s new rule on additional time takes impact. The impression may very well be far reaching. In early June, Republicans in Congress launched an effort to dam the rule.

In the meantime, our workforce nationwide is working with shoppers to assist them perceive the rule, its implications and the workarounds to make sure a secure and regular workforce.

The brand new rule will increase the pay ranges at which a salaried worker turns into exempt from the requirement to pay additional time. At present, a salaried worker making $35,568 per 12 months ($684 per week) or extra is just not eligible for additional time. Underneath the brand new rule, salaried staff should make $43,888 yearly ($844 per week) earlier than changing into exempt from additional time. The exemption degree will probably be raised once more in six months to $58,656 per 12 months ($1,128 per week) beginning Jan. 1, 2025. After that, the degrees will probably be raised each three years.

What’s the implication?

Think about this state of affairs: a salaried supervisor incomes $880 per week ($22 per hour) finally ends up having to work 10 further hours per week to fill in for gaps in staffing. Underneath the brand new rule, that supervisor have to be paid additional time for these hours, or $33 per hour (assuming time-and-a-half for additional time). That’s an enormous premium to cowl shifts normally crammed by hourly staff.

What’s the workaround?

Given the rule takes impact within the third quarter, likelihood is many corporations haven’t budgeted for these additional time charges. One thought to make sure a secure and regular workforce is to complement employees with part-time short-term help by way of a staffing firm.

Managers who’ve a trusted staffing companion can fill these shifts with educated, vetted, short-term staff working at a decrease efficient price. The staffing firm recruits the employees, manages their pay and staff’ compensation insurance coverage, and handles the paperwork, leaving managers time to deal with all the opposite particulars of operations. Planning forward is vital.

What ought to I ask?

There are various staffing corporations out there and never all match each want. Some, like our firm, concentrate on a selected business. Others are generalists. Make sure you ask questions and thoroughly suppose by way of the companion you select if this looks as if an choice.

How do you discover staff?

Any staffing agency can present their shoppers with heat our bodies. Respected corporations who need to construct a long-term relationship with their shoppers will give attention to offering the absolute best candidates for the positions that have to be crammed. Ask how the staffing firm finds its candidates and what vetting is completed. If staff must go background checks or have certifications, search for a staffing companion that can take heed to these wants and supply solely certified candidates.

How do you classify staff?

Some staffing corporations, particularly app-based platforms promoting low costs, classify their staff as unbiased contractors quite than W-2 staff. In lots of circumstances, this case can expose their shoppers to legal responsibility for again wages and advantages, staff’ compensation claims, and DOL fines if the employees are deemed to be misclassified. A trusted staffing companion will classify its staff as W-2 staff, paying their staff’ compensation insurance coverage and defending their shoppers from the dangers of misclassification.

How do you talk with shoppers?

A staffing companion ought to present clear and well timed info to their shoppers. The very best will present every shopper with a devoted workforce member to function the purpose of contact. Purchasers ought to be capable to outline the perfect type of communication for them – e-mail, textual content, or telephone name – and the staffing agency ought to comply.

What do you do if there’s a downside?

Even the perfect staffing corporations can run into challenges filling an order. It’s completely acceptable to ask how the agency handles these conditions. Purchasers needs to be skeptical of an organization that guarantees 100% success 100% of the time. It’s much better to give attention to constructing a long-term relationship with a staffing companion that’s based mostly on transparency and belief than to fall for corporations that supply unrealistic expectations.

What else can a staffing companion do?

Whereas most individuals consider staffing corporations for hiring short-term staff, some additionally present recruiting and hiring companies for everlasting and govt positions. Working with a staffing agency as a companion may help take the stresses out of hiring and enhance the underside line.

Recent Articles

Related Stories