The site is secure. Many expect the DOL to increase the threshold from its current minimum salary amount of $684/weekpotentially impacting millions of employees across the United States. According to the FTC, this new rule could increase wages by nearly $300 billion annually and expand career opportunities for about 30 million Americans. 213(a)(1), exempts any employee employed in a bona fide executive, administrative, or professional capacity or in the capacity of outside salesman (as such terms are defined and delimited from time to time by regulations of the Secretary, subject to the provisions of the [Administrative Procedure Act.]) The California standards require that more than 50 percent of the employee's time be spent solely on performing exempt duties in orderto be classified as exempt, he noted. An employee's workweek is a fixed and regularly recurring period of 168 hours seven consecutive 24-hour periods. Before sharing sensitive information, make sure youre on a federal government site. Employers should prepare now to review their workforce for exempt/non-exempt status to ensure they are compliant with the new overtime rule before the effective date is launched. DOL Plans Release of Overtime Rule in May In the most recent semi-annual regulatory agenda, the U.S. Department of Labor (DOL) announced that it plans to release in May the proposed salary basis threshold for overtime exemptions under the Fair Labor Standards Act (FLSA) for administrative, executive, and professional employees. 2022: Fall 2022 Rulemaking Comments. Procedures on voluntary recognitionof unions. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} More than 54,000 people submitted comments on the rule. The U.S. Department of Labor (DOL) announced in its spring regulatory agenda in mid-June that a proposed new overtime rule will be released later this year. Though it marked the first increase to the FLSA's overtime threshold in over a . Thank you again for providing me the opportunity to testify on the Department of Labor final overtime rule, and I would be happy to answer any questions that any of the members may have. Specifically, the proposed rule would do the following: The department is responsible for ensuring that employers do not misclassify FLSA-covered workers as independent contractors and deprive them of their legal wage and hour protections. . The Biden Administration's fall 2021 regulatory agenda projects that the Department of Labor (DOL) will revisit before April 2022 the salary level at which an employee could be exempted from federal overtime and minimum wage requirements, as well as address other aspects of the overtime regulatory regime. Members can get help with HR questions via phone, chat or email. From April through June 2022, DOL held several listening sessions for interested stakeholders to discuss any support or concerns they may have with the anticipated rulemaking. }); if($('.container-footer').length > 1){ Misclassification deprives workers of their federal labor protections, including their right to be paid their full, legally earned wages. While employers should be monitoring these potential changes, the regulatory process is still in the early stages, said Jim Plunkett, an attorney with Ogletree Deakins in Washington, D.C. "At this time, stakeholders do not even know what changes the DOL will propose, much less finalize," he said. For questions or additional information, contact Reichenberg atneilreichenberg@yahoo.com. [Mr. Fendly's statement may be found in the appendix.] .agency-blurb-container .agency_blurb.background--light { padding: 0; } One other item that may be in play is the duties test, Boonin added. Employees paid below that figure must receive time-and-one-half their regular rate of pay when they work more than 40 hours in a workweek. The .gov means its official. Once anticipated in the spring, the proposed rule will recommend how to implement the exemption of bona fide executive, administrative and professional employees from the Fair Labor Standards Act's (FLSA's) minimum wage and overtime requirements. The United States Department of Labor ("DOL") is expected to propose a new salary threshold for various overtime exemptions under the Fair Labor Standards Act ("FLSA"). Then the final rule would need to take effect no sooner than 60 days after it is published in the Federal Register, assuming it is classified as a major rule. CUPA-HR filedcommentsin opposition to the Trump administrations regulations on the issue andin responseto the Biden administrations RFI. All rights reserved. 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With the issuance of its spring regulatory agenda on June 21, the U.S. Department of Labor (DOL) announced that its proposed overtime rule is now tentatively slated to be released in October. The FTC stated that the proposed rule would apply to employees, independent contractors, and volunteers. In closing AMB applauds the substantial effort of the Department of Labor in overhauling these regulations. | 2 p.m. The division encourages all stakeholders to participate in the regulatory process. For Long Island and Westchester County . Citizenship and Immigration Services (USCIS) to create a process to defer theremoval of certain noncitizens who years earlier came to the United States as children, meet other criteria and do not present other circumstances that would warrant removal, according to the DHS. Therefore, do not send or include any information in your email that you consider to be confidential or privileged. This spring, the U.S. Department of Labor (DOL) is expected to announce recommended changes related to employee salary for overtime rules as part of the Fair Labor Standards Act (FLSA). The two areas of anticipated revision are to the salary level and duties tests for an employee to be exempt from overtime pay. President Biden touted increasing the salary threshold throughout his presidential campaign. [CDATA[/* >