Earlier this week, the Department of Labor (DOL) released the final rule defining Overtime Exemption requirements for White Collar Exemptions. Effective on January 1, 2020, the new rule mandates that employees earning less than $684 per week ($35,568 annually) are entitled to overtime payment for work in excess of 40 hours per week. This particular salary requirement applies to the Executive, Administrative and Professional exemptions. The new threshold salary for those considered to be highly compensated and therefore exempt is $107,432, which is increased from the previous amount of $100,000 and that new rule also takes effect with the New Year. In addition, as relates the Executive, Administrative and Professional Exemptions, the employer may apply Non-Discretionary Bonuses and Incentive Payments (including a valid commission payment) to satisfy up to 10% of the guaranteed salary level requirement of $35,568.00.  This provision however does not apply in the case of the Highly Compensated exemption. Be aware also that the new DOL rule does not change any of the duties tests for determination of White Collar Exemptions, but it does allow for compliant use of the Fluctuating Workweek Method of Payment. This new rule replaces an Obama –era rule which sought to more than double the former exemption threshold of $23,600 to $47,500. That increase was permanently enjoined in 2016 by a federal court in Texas. We can now expect worker advocates will challenge this new rule in federal court as well.