As noted in a September 24 statement, the Department of Labor has updated "the earnings thresholds necessary to exempt executive, administrative or professional employees from the FLSA's minimum wage and overtime pay requirements, and allows employers to count a portion of certain bonuses (and commissions) towards meeting the salary level." Nondiscretionary bonuses and incentive payments (including commissions) may be able to satisfy up to 10% of the salary level.
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