Potential loss of overtime protection due to OREA's lack of salary threshold indexation, versus new DOL rule, 2015–2035
| Covered by FLSA overtime protections | ||||
|---|---|---|---|---|
| Existing law | New $913 threshold | |||
| Indexed | Not indexed | Lost overtime protection | ||
| Share of salaried workforce | ||||
| 1975 | 49.6% | |||
| 2015 | 9.5% | 32.7% | 32.7% | 0.0 ppt. |
| 2025 | 32.7% | 23.1% | 9.6 ppt. | |
| 2035 | 32.7% | 16.1% | 16.6 ppt. | |
| Number of salaried workers | ||||
| 2015 | 5,103,115 | 17,565,459 | 17,565,459 | – |
| 2025 | 18,953,130 | 13,376,683 | 5,576,447 | |
| 2035 | 20,446,194 | 10,063,659 | 10,382,535 | |
Source: EPI analysis of the U.S. Department of Labor's final (May 18, 2016) rule, "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees," 29 CFR Part 541; Overtime Reform and Enhancement Act (OREA); and Current Population Survey Outgoing Rotation Group 2015 microdata