The Society for Human Resource Management (SHRM) supports a moderate increase in the minimum salary threshold above which workers are exempt from overtime pay. An increase to nearly $32,000 annually should be enacted, according to the Society’s Sept. 25 comments to the Department of Labor (DOL) in response to the Wage and Hour Division’s July request for information.

However, some of the more than 160,000 commenters favor a higher threshold—$47,476 per year—that the DOL tried to enact in 2016. Earlier this year, a court struck down that rule.

Steven Suflas, an attorney with Ballard Spahr in Denver and Cherry Hill, N.J., said that if the DOL does not automatically increase the exempt salary level, it should more frequently update it. Otherwise, the level again will—like the current $455 per-week level—likely fall below the federal poverty line.

However, Suflas cautioned that many state wage and hour laws apply overtime exemptions only to employees who spend a majority of their time on exempt tasks.

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