By Zac Kester, executive director, Charitable Allies |

After reviewing the U.S. Department of Labor’s proposed changes, I believe that this would have a significant adverse effect on the budgets and operations of small nonprofits, especially those who currently pay their executive directors (or an equivalent position) and administrative support staff less than the new thresholds.

The Department of Labor fact sheets 17C, 17B and 17A outline the requirements for the exemption that allows employers to NOT pay executive and administrative employees overtime. Among other things, those requirements are that employees make at least $23,660.

Many small nonprofits pay staff on a salary basis and do not pay overtime. With the new standards, which will move this threshold to somewhere between $42,000 and $52,000, any employee who makes below that threshold would be entitled to overtime, regardless if they otherwise met the test and qualified for the exemption. Many nonprofit organizations employ people in this range ($23,660 to $42,000/$52,000).

If this regulation is adopted, nonprofit managers and boards will have to be careful to monitor their employees’ time and pay them overtime wages to which they will be entitled.

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