• 5 minutes

New White Collar Exemption Test and Salary Level Indexing


The little known white-collar exemption for highly-compensated employees has increased with the new requirements.

The USDOL’s regulations provide an exemption for certain highly compensated employees who earn above a higher total annual compensation level. Previously the amount was $100,000.00 per year. Under the new regulations that has increased to $134,004.00 per year. The reason we are seeing this big increase is because it hasn’t been updated since 2004. The USDOL is setting the new standard salary level equal to the 40th percentile of weekly earnings for full-time salaried workers in the lowest-wage Census Region. This will now be automatically updated every 3 years. The new salary level will go into effect on 01/01/2020 and 01/01/2023.

Runtime: 4 minutes



Ross M. Greenky

Ross M. Greenky

Barclay Damon LLP

  • Associate with Barclay Damon, LLP
  • Member of the firm's Business Services Practice Group and concentrates practice on labor and employment matters including court petitions, complaints, motions, affidavits, document demands and employment policies
  • Prior to joining Barclay Damon, he practiced at Hancock Estabrook, LLP in labor and employment, and litigation
  • J.D. degree, Duke University School of Law; B.A. degree, magna cum laude, George Washington University
  • Can be contacted at 315-425-2702 or [email protected]

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