Rocco E. Cozza • December 5, 2019

The Fair Labor Standards Act or FLSA Overtime rules affect millions of small businesses across the country.  The overtime rules dictate the types of employees that are exempt from overtime based on their job duties and salary.  On September 24, 2019, the U.S. Department of Labor announced a final rule to make nearly 1.3 million American workers newly eligible for overtime pay.  This change can have a broad sweeping financial impact on small businesses and small business owners.  This is something you need to be aware of.

Prior to the rule taking effect, to meet the first part of the overtime exemption, employees need to be paid $455 per week on a salary basis.  This is not a high threshold for most employers as it equates to about $11/hour.

FLSA Overtime Earning Threshold Increases

Beginning in January 2020, employees that otherwise meet the exemption test may now be eligible based on their compensation.  The final FLSA overtime rule updates the earnings thresholds necessary to exempt executive, administrative and professional employees from the FLSA overtime pay requirements.  However, the final rule allows employers to count a portion of certain bonuses/commissions towards meeting the salary level.  This may help dampen the impact of the new rule.

In the final rule and as of January 1, 2020, the Department of Labor is:

  • raising the “standard salary level” from the currently enforced level of $455 per week to $684 per week (equivalent to $35,568 per year for a full-year worker);
  • raising the total annual compensation requirement for “highly compensated employees” from the currently enforced level of $100,000 per year to $107,432 per year;
  • allowing employers to use nondiscretionary bonuses and incentive payments (including commissions) paid at least annually to satisfy up to 10% of the standard salary level, in recognition of evolving pay practices;

The final rule takes effect on January 1, 2020, so this is something you should be thinking about now. 

FLSA Overtime New Rule: What does it mean for employers?

Many clients have asked what this FLSA overtime rule can mean for employers.    If certain exempt employees are making more than $455 but less than $684 per week, on January 1, 2020, they will be entitled to overtime for every hour worked over 40.  This is a good time to conduct an employee and compensation assessment to determine any potential liabilities or financial obligations going forward into 2020.

A few points to consider:

  • If an employee is exempt prior to the new rule taking effect and is working more than 40 hours on a consistent basis, you should calculate the cost of overtime obligations (1.5 x the hourly rate for every hour worked over 40 in a week) versus increasing the employee’s salary to meet or exceed the threshold.
  • If an employee is exempt prior to the new rule taking effect and is working more than 40 hours on an inconsistent basis, you should consider monitoring hours closely and requiring written approval to work overtime.
  • In the event a few employees are exempt prior to the new rule taking effect and are working more than 40 hours on a consistent basis, you should calculate the cost of hiring a part-time worker to cover the excess hours versus the cost of paying overtime compensation for all hours worked over 40 in a week.

The new FLSA overtime rule can have a financial impact on small and large businesses alike.  However, there are simple solutions to lessen, if not eliminate the financial impact.

Cozza Law Group Business Law Blog

By Matthew Bolewitz April 20, 2026
the 5 d's of business - a must read for business owners
By Rocco Cozza April 19, 2026
How Business Litigation Protects Companies From Costly Disputes Although there are many costs involved in doing business, disputes can take a particularly high toll on a company's finances. These disputes might involve contract breaches, copyright violations, premises liability lawsuits, allegations of fraud, and much more. The obvious strategy is to avoid these disputes at all costs. How does business litigation fit into this equation? Can a company use business litigation to strategically protect itself from disputes? These are questions you might want to explore with an experienced business litigation lawyer in Pittsburgh . Business Litigation Strategies Are Often Preventive in Nature Many business litigation strategies are preventative in nature. In other words, companies take effective, early legal steps to eliminate the chances of disputes and legal action at a later date. One example of this is an effective business contract. When drafted properly, a business contract leaves little room for litigation or any other disputes. Many contracts contain arbitration or mediation clauses. These clauses force parties toward private negotiations instead of the courtroom floor. This private “alternative dispute resolution” (ADR) process is inherently cheaper, faster, and more private than litigation. Once a dispute reaches the courtroom, companies must pay much higher legal fees. They also face longer timelines. One of the biggest downsides of litigation for companies is its public nature. Many companies desperately need to keep sensitive information out of the public eye, whether that includes baseless allegations, copyrighted material, trade secrets, or more. Private negotiations can be so quick that they can hardly be called “disputes,” and issues may be resolved in a matter of weeks. In an ideal world, these disputes never even happen in the first place. A strong contract lays out clear responsibilities and privileges for each party, leaving little room for misinterpretation. Another obvious way to avoid business litigation is by choosing appropriate business partners. Another preventative business litigation strategy involves liability waivers. Although these waivers are not as effective as some company leaders assume, they can nonetheless prevent many needless or frivolous lawsuits. Liability waivers are not appropriate or possible in all industries, but they could be worth considering for businesses that welcome large numbers of patrons onto their premises. Business Litigation Strategies May Involve Regulatory Compliance Sometimes, the biggest legal threat to a business is not a partner or a customer, but rather the government. Regulatory compliance is an incredibly important business litigation strategy, and company leaders should consider consulting with lawyers who understand the specific regulations and laws that pertain to their industries. For example, a company that deals with industrial waste or chemicals may need to become highly familiar with the environmental laws. Generally speaking, these laws become more restrictive each year. Company leaders may need to keep a close eye on regulatory changes to ensure compliance. A company in another industry might deal with a substantial number of employees. If this is the case, the company might need to pay close attention to labor laws, discrimination laws, religious rights, and many other factors that can lead to employment lawsuits. Poaching is another issue that could be concerning, as are non-compete clauses. An experienced business litigation law firm may be able to help companies draft policies and contracts that drastically limit the number of employment-based legal issues in the future. For example, a company might have to follow strict guidelines if it wants to create enforceable non-compete clauses in Pennsylvania. Organized Corporate Governance Can Reduce Litigation and Disputes Many business disputes stem from poor, disorganized corporate governance. When the working relationship between shareholders, partners, and the executive suite begins to fall apart, disputes are inevitable. Effective shareholder agreements and organized record-keeping can go a long way in making sure everyone is on the same page. Business Litigation Attorneys Can Help With Risk Assessment Sometimes, dispute prevention starts with risk assessment. If company leaders become aware of a potential legal risk, they might consider a different approach or business strategy. For example, a company might consider entering into a new contract with a supplier. A business litigation attorney may be able to conduct effective legal research into the new supplier to determine the legal risk associated with a new contract. Perhaps the new supplier tends to get into lawsuits with its partners. Maybe the company is already in the process of being sued. Whatever the case may be, an experienced lawyer can help company leaders assess the legal risks associated with certain actions before moving forward. Most Disputes Never Reach the Trial Stage Since parties usually understand the downsides of going to trial, they tend to settle their disputes outside of court. This means that disputes rarely escalate into trials. However, this does not necessarily mean that a privately settled dispute is not costly for a company. Instead, a settlement could be disastrous for a company. This is why it makes sense to negotiate effectively, even if you’re dealing with someone who agrees to mediation or arbitration. Business litigation attorneys are often effective negotiators, and they can guide both parties toward mutually beneficial outcomes. If the goal is to reduce the cost of a dispute, a lawyer can push back with effective counterpoints and counteroffers. If the goal is to gain as large a settlement as possible, your lawyer can advocate on your behalf and reject lowball offers. Can a Business Litigation Lawyer in Pittsburgh Help My Company? Whether you are facing a dispute or you simply want to avoid the possibility of legal action in the future, a business litigation lawyer in Pittsburgh may be able to help. These lawyers can help your company take preventative steps, such as creating effective contracts or liability waivers. A business litigation attorney can also help you if your company is already facing a serious dispute or lawsuit. Consider reaching out to Cozza Law Group, PLLC, at (412) 790-2789 to learn more about your next potential steps. You can also find us online .