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The Good, the Bad, and the Ugly – The Department of Labor Releases Its Proposed Update to the White-Collar Regulations

You may recall our previous alert regarding President Obama’s March 2014 memorandum that instructed the Labor Secretary to “modernize and streamline” the regulations on exemptions from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime pay requirements and warning you about imminent changes. Today, the Department of Labor (DOL) finally released the details of the long-awaited proposed rule on these exemptions under the FLSA. This proposed rule may impact your ability to classify your workers as exempt from minimum wage and overtime.

DOL’s Proposed FLSA Regulations to Significantly Change Employers’ Overtime Obligations

On Tuesday, June 30, 2015 the U.S. Department of Labor (DOL) issued proposed regulations which, if adopted, will significantly change employers' obligations under the Fair Labor Standards Act (FLSA) and could make more than five million additional employees eligible for overtime compensation. The DOL's proposed changes come in direct response to President Obama's request that the DOL simplify the overtime regulations and make overtime available to more employees. At a minimum, the proposed regulations could result in overtime pay for many more lower-level managers.

eLABORate: DOL Proposes Doubling the Salary Level to Qualify Employees as Overtime Exempt

The Department of Labor has just announced a proposed rule that would increase by more than two times the weekly salary required to treat most employees as exempt from the Fair Labor Standards Act’s overtime requirements.

Comment Period on New Overtime Proposal to End Early September, Say DOL Officials

In a conference call held on Wednesday morning, Labor Secretary Thomas Perez and Wage and Hour Administrator David Weil fielded questions about the recently released proposal to revise the Fair Labor Standards Act overtime regulations for white collar employees. During the call, the DOL officials discussed the new proposed salary threshold, potential changes to the duties test, and the notice-and-comment period deadline.


On June 30, the Wage and Hour Division of the U.S. Department of Labor released its long-awaited Notice of Proposed Rulemaking, proposing changes to the executive, administrative, professional, and highly-compensated employee exemptions from the overtime requirements of the Fair Labor Standards Act. In addition to the Notice, the Department has also issued a Fact Sheet and list of Frequently Asked Questions.

U.S. Department of Labor Announces New FLSA Salary Requirements for Exempt Employees

The U.S. Department of Labor (DOL) released its proposed rule today that would broaden federal overtime pay regulations by raising the minimum salary threshold to $50,440 per year in order to qualify for an exemption from overtime under the Fair Labor Standards Act (FLSA).

Proposed Regulations Published ? Salary Floor Would Be Doubled (Updated 07 02 15)

UPDATED 07 02 15: According to the Federal Register website, the proposals will be officially published this coming Monday, July 6. If they are, then comments will be due no later than Friday, September 4, 2015.

The DOL's Proposed Amendments Increase the Salary Threshold for the FLSA's White Collar Exemptions - Dramatically Expanding the Number of Employees Eligible for Overtime

Executive Summary: Today, in a 295-page report, the U.S. Department of Labor ("DOL") issued its long-awaited proposed amendments to the Fair Labor Standards Act's ("FLSA") "white collar" exemption tests for executive, administrative, and professional employees (located in 29 CFR Part 541). The DOL refrained from amending the duties portion of the tests; however, it did revise the salary basis and salary level tests. If adopted, the DOL estimates that the new regulation will eliminate the exempt status for approximately 21.4 million employees—increasing the financial and regulatory burdens on employers throughout the United States. Despite not amending the duties portion of the white collar exemptions, the DOL discussed in detail the long and short tests, which were eliminated in 2004, and suggested that it may revisit the issue.

U.S. DOL Proposes Revisions to Some FLSA Exemptions' Minimum Salaries and More

The announcement is only 285 pages, and you can read the entire Notice of Proposed Rulemaking Here. The actual regulations are about 9 pages beginning on page 286 of the PDF.

The New FLSA Regulations: What Changed, What Didn’t, What’s Next for Employers

This morning, the Department of Labor’s Wage & Hour Division (WHD) announced its long-awaited proposal to amend the Fair Labor Standards Act (FLSA) Regulations and, in particular, the regulations governing the “white collar” exemption for executive, administrative, and professional employees. The Notice of Proposed Rulemaking (NPRM) is as surprising for what it includes as what it did not. This comprehensive summary outlines what changes were made in the proposed FLSA regulations, what did not change, what it means for employers, and what employers should do now in response to the DOL’s announcement.