Is my position exempt from the FSLA minimum salary threshold of $47,476 per year?

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Is my position exempt from the FSLA minimum salary threshold of $47,476 per year?

I work for a car wash as a general manager. I am consistently required to work over 40 hours a week without any overtime pay. My guaranteed salary is $30,000 annually. In addition to this I also earn a performance based bonus and commissions which are likely to amount to another $8,000 a year, for a total compensation of roughly $38,000 per year, all in. I am wondering if my position is exempt or not from the FLSA minimum compensation threshold of $47,476 a year for salaried workers.

Asked on September 10, 2019 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Being a manager does not exempt you from the minimum FSLA salary requirement. However, you are mistaken about what that requirement is: while there was a proposal to raise it to $47k, that proposal never became law, in part due to the current Administration which withdrew its support for it. (There is currently a proposal to raise the threshold to $35k, but that has not happened yet.)
That means that the threshhold remains what it has been for many years: only $23,660/year. If your salary is more than that, which you write that it is, you are exempt from (do not receive) overtime.


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