DOL and EPI estimates of workers whose overtime protections are strengthened by raising the overtime salary threshold (in millions)
| Step | Population | DOL (2013*) | EPI (2013) | EPI (2014) |
|---|---|---|---|---|
| Workers subject to FLSA and part 541 | 128.5 | 125.4 | 127.7 | |
| (a) | drop hourly workers and FLSA section 13(a) and 13(b) occupation exemptions (agriculture, transportation, and other occupations) | -74.0 | -73.9 | -75.2 |
| Salaried workers | 54.5 | 51.4 | 52.5 | |
| (b) | drop workers in named occupations | 8.5 | 9.5 | 9.7 |
| Salaried workers subject to the salary test | 46.0 | 42.0 | 42.9 | |
| (c) | drop EAP exempt workers | -21.4 | -21.7 | -22.2 |
| Non-EAP-exempt workers | 24.6 | 20.3 | 20.7 | |
| (d) | drop workers earning less than the current salary threshold ($455 per week) | -6.1 | -4.1 | -4.1 |
| Non-EAP-exempt workers earning more than current salary threshold ($455 per week) | 18.5 | 16.2 | 16.6 | |
| (e) | drop workers earning at least the proposed salary threshold ($921 for 2013, $933 for 2014) | -8.5 | -8.3 | -8.4 |
| Non-EAP-exempt workers whose overtime protections are strengthened by the new salary threshold | 10.0 | 7.9 | 8.1 |
* The DOL pooled CPS MORG data from 2011–2013, inflating all wages to 2013 levels.
a. Hourly workers are all workers who are paid on an hourly basis (only those hourly workers who are in named occupations are not dropped). Workers who make at or above the salary threshold and meet the “duties tests” that define them as executive, administrative, or professional (EAP) are exempt, i.e., ineligible for automatic overtime pay. The occupation groups dropped here represent those FLSA section 13(a) and 13(b) occupations that are automatically exempt from overtime protections. See the technical appendix for more detailed information on what occupations are included in agricultural, tnansportation and other occupations.
b. Named occupations are those occupations that are not subject to the salary test. They include teachers, academic administrative personnel, lawyers, and various medical professions. See the technical appendix for more detailed information on how these occupations are identified in the data.
c. Workers who make at or above the salary threshold and meet the “duties tests” that define them as executive, administrative, or professional (EAP) are exempt, i.e., ineligible for automatic overtime pay.
d. Workers with weekly earnings less than $455 per week (in 2013 or 2014) are dropped from the sample as they are already legally entitled to overtime protections by virtue of the current salary threshold.
e. Workers with weekly earnings of at least the proposed threshold ($921 for 2013, $933 for 2014) are dropped from the sample as the proposed threshold would not cover them.
Source: EPI analysis of Department of Labor (2015) and Current Population Survey Merged Outgoing Rotation Group microdata (CPS MORG)