In a recent LinkedIn post, Suzanne Lucas, an expert in employment law, proposes a radical simplification of the Fair Labor Standards Act (FLSA) rules governing salaried exempt employees. Lucas, who specializes in explaining complex legal and policy matters, shared her dream of a system that eliminates the current duties test in favor of a straightforward salary threshold.
Rethinking the Exemptions Test
The current FLSA framework for determining overtime eligibility for salaried employees is often criticized for its complexity. Lucas argues that this complexity, while beneficial to those who explain it, creates unnecessary burdens for both employers and employees trying to ensure compliance. Her proposed solution aims to streamline this process significantly.
“My dream is that we wipe out the Fair Labor Standards Act (FLSA) duties test for salaried exempt employees.”
As Lucas notes, her ideal scenario would replace the intricate duties test with a clear financial benchmark. She suggests a minimum salary, perhaps around $75,000 annually, with automatic cost-of-living adjustments to maintain its real value over time. This approach, she believes, would provide a much clearer line for determining who is eligible for overtime pay.
The Proposed Salary Threshold System
Under Lucas’s hypothetical system, any employee earning below this proposed salary threshold would be entitled to overtime pay if they work more than 40 hours a week, regardless of their specific job duties. This would mean they would need to be paid hourly.
“Everyone who earns less than that must be paid hourly and receive overtime if they work more than 40 hours per week.”
Lucas clarifies that this proposal is not intended to prevent companies from paying higher salaries or offering overtime to employees earning above the threshold. Instead, it would simply mandate overtime pay for those below a certain income level, simplifying compliance and ensuring more workers receive additional compensation for extra hours.
Flexibility Above the Threshold
According to Lucas, companies would still have the option to pay hourly wages and overtime to employees earning more than $75,000 per year, but this would be a business decision rather than a legal requirement. This flexibility aims to preserve the ability for higher earners to structure their compensation and work arrangements as they see fit, while ensuring a baseline protection for lower-paid salaried workers.
“I would also make it perfectly clear that companies are welcome to pay people by the hour with overtime for more than 40 hours per week at pay rates above $75k per year, but it would be their choice.”
A Dream for Simplicity
While acknowledging that her proposal is unlikely to be implemented, Lucas frames it as a “dream” for a more straightforward and equitable employment law landscape. The core of her idea is to simplify compliance and ensure that a significant portion of the workforce is protected by overtime rules based on a clear, easily verifiable metric: salary level.
Lucas concludes by inviting discussion, asking her network what employment laws they wish could be streamlined. Her post highlights a desire for greater clarity and fairness within the existing framework of labor regulations, emphasizing how overly complicated laws can create confusion and potential inequities.
📝 About This Content
This article is based on insights shared by Suzanne Lucas on LinkedIn.
📅 Originally posted on January 9, 2026 | View original post on LinkedIn →