Potential loss of overtime protection due to OREA's implementation delay, versus new DOL rule, 2015–2019
| Total covered under various thresholds | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Year | Salaried workforce | $455 (current) | Share of workforce | $913 (new DOL rule)* | Share of workforce | OREA** | Share of workforce | Difference: New DOL rule – OREA | Difference in share |
| 2015 | 53,714,000 | 5,081,000 | 9.5% | 17,583,000 | 32.7% | ||||
| 2016 | 54,119,000 | 4,872,000 | 9.0% | 17,270,000 | 31.9% | 11,000,000 | 20.3% | 6,270,000 | 11.6 ppt. |
| 2017 | 54,531,000 | 4,804,000 | 8.8% | 17,117,000 | 31.4% | 12,493,000 | 22.9% | 4,624,000 | 8.5 ppt. |
| 2018 | 54,945,000 | 4,778,471 | 8.7% | 16,238,000 | 29.6% | 14,501,000 | 26.4% | 1,737,000 | 3.2 ppt. |
| 2019 | 55,373,000 | 4,701,000 | 8.5% | 18,126,000 | 32.7% | 16,021,000 | 28.9% | 2,105,000 | 3.8 ppt. |
* The new DOL rule will raise the threshold to $913 on December 1, 2016. Every three years, beginning on January 1, 2020, the rule will be automatically updated to account for inflation since the last update.
** The Overtime Reform and Enhancement Act (OREA) would increase the threshold to $692 on December 1, 2016, $765 on December 1, 2017, $839 on December 1, 2018, and $913 on December 1, 2019. It would also eliminate future indexing.
Source: EPI analysis of the U.S. Department of Labor's proposed (July 6, 2015) and 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) of 2016; and Current Population Survey Outgoing Rotation Group 2015 microdata
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