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March 4, 2025

DOL lowers FLSA overtime threshold affecting 3 million workers

Reuters
Associated Press
National Archives
New York State Attorney General
casetext.com
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Labor Department cuts overtime eligibility for 3 million workers

On March 4, 2025, the Department of Labor proposed lowering the overtime salary threshold from $58,656 to $35,568, affecting approximately 3 million workers’ eligibility. (Source: Reuters preview)

The proposal removes the automatic adjustment for inflation every three years from the overtime threshold calculation. (Source: DOL rulemaking page)

Under Section 7(a)(1) of the Fair Labor Standards Act, employees must receive 1.5Ă— their regular rate for hours worked over 40 in a workweek. (Source: FLSA statute)

The rulemaking retains separate, higher salary criteria for “highly compensated employees” under the DOL’s HCE test. (Source: DOL rulemaking page)

The notice of proposed rulemaking estimates annual employer savings of $1 billion due to reduced overtime payments. (Source: NPRM-2025.pdf)

Public comments on the proposal are open for 60 days via the Federal Register notice published March 4, 2025. (Source: Federal Register)

The Economic Policy Institute launched the #OvertimeIsEssential campaign opposing the rollback. (Source: EPI campaign page)

New York Attorney General Letitia James pledged to file suit against the rollback, calling it “wage theft in broad daylight.” (Source: NY AG press release)

Congress has 60 legislative days under the Congressional Review Act to overturn the final rule if issued. (Source: Congress.gov)

🏛️Government💰Economy👷Labor

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People, bills, and sources

Letitia James, New York Attorney General

announced intent to sue under APA and FLSA, labeling the rollback as “wage theft in broad daylight.” (Source

What you can do

1

Employees earning between $35,568 and $58,656 annually should assess their weekly hours against the 40-hour overtime trigger and, if impacted, submit written comments through the Federal Register portal at https://www.federalregister.gov/documents/2025/03/04/2025-04611/overtime-pay-revisions during the 60-day comment period. (Source: Federal Register)

2

Review the Department of Labor’s economic analysis PDF at https://www.dol.gov/sites/dolgov/files/WHD/overtime/NPRM-2025.pdf to understand the $1 billion annual savings estimate and prepare data-driven comments. (Source: NPRM-2025.pdf)

3

Visit the Economic Policy Institute’s campaign page at https://www.epi.org/overtime for sample comment letters and research on the rollback’s impact on low-income, women, and minority workers. (Source: EPI campaign page)