Additionally, last month was Military Appreciation Month, and I had the honor of meeting members of the military at the Corpus Christi Army Depot, a major employer and economic hub in South Texas.

I hope to hear from you and meet you in your community soon. Thank you for powering the economic engine of Texas!

Important New Rules and Guidelines from the U.S. Department of Labor

By: Tommy Simmons

Senior Legal Counsel to Commissioner Joe Esparza

Under a new regulation from the U.S. Department of Labor (DOL) that becomes effective July 1, 2024, the minimum salary for a salaried exempt employee will increase to $844 per week, which is equivalent to $43,888 per year, and six months later, on January 1, 2025, that salary threshold will go up to $1,128 per week, or $58,656 per year. For employees who are exempt from overtime pay as ?highly-compensated employees? (HCEs), the minimum annual compensation as of July 1, 2024, will be $132,964, with a salary of at least $844 per week, and on January 1, 2025, the minimum HCE compensation will be set at $151,164, including at least $1,128 per week in salary.

The new regulation specifies that the salary levels will be re-determined on July 1, 2027, and every three years thereafter, using factors relating to population surveys conducted by DOL?s Bureau of Labor Statistics.

Employers can access DOL?s official information resources on the new minimum salary requirements online at https://www.dol.gov/agencies/whd/overtime/rulemaking.

Other Important Legal Developments

• As Texas Business Today reported earlier this year, the U.S. Department of Labor (DOL) published a new rule regarding the ?economic realities? test under the Fair Labor Standards Act for whether a worker is an employee or an independent contractor. See DOL?s official information at https://www.dol.gov/agencies/whd/government-contracts/small-entity-compliance-guide#sixFactors. As outlined in that guidance, the six main factors are the opportunities for profit or loss based on the worker's managerial skill, investments by the worker and the potential employer, degree of permanence of the work relationship, nature and degree of control, extent to which the work performed is an integral part of the potential employer's business, and the skill and initiative required for the work. The new test also provides that "additional factors that answer the question of whether a worker is economically dependent on an employer may be relevant."
• Under a new state law passed in 2023, an employer that has received a penalty from TWC?s Wage and Hour Department for a child labor violation, appealed that determination, and then lost its appeal, may appeal an adverse decision from an appeal hearing officer to the three-member Commission. The same basic procedures that apply to unemployment and wage claim appeals apply to child labor violation appeals. Any aspect of a violation determination may be appealed, including the amount, the type of violation, and whether the law was violated at all. Penalty amounts can vary according to the type and severity of the violation, the age of the child involved, and whether prior child labor violations have been determined. For basic information about child labor laws and links to further information, see the online book at https://efte.twc.texas.gov/child_labor.html.