As the summer comes to a close, USDOL’s continued momentum ensures a busy fall for employers. While we await the details, one thing is clear – employers should take these three steps right now.
Fisher Phillips continues to urge USDOL to publish a valid "Overtime Rule" that is practical to apply.
USDOL's proposed white-collar exemption changes a/k/a Overtime Rule 2.0 includes a proposed minimum salary threshold of $679 per week. The period for public comment will close on May 21, 2019.
USDOL reportedly is submitting a proposed rule for review by the federal Office of Management and Budget. Publication on target for first quarter.
The first of several USDOL "listening" sessions provided few answers. The primary question remains whether the agency will listen this time around as it takes on the FLSA's white-collar exemptions.
Changes from USDOL have been numerous and fast paced. Take a second to look back on what has already happened in the federal wage and hour world in 2018, and what is yet to come.
The U.S. Supreme Court has taken a fresh look at how courts analyze FLSA exemptions. It concluded that there is no basis to "narrowly construe" the statutory language regarding FLSA exemptions, and thus, held that service advisors employed by automobile dealerships can qualify for the Section 13(b)(10) exemption from federal overtime.
The U.S. Department of Labor projects that no proposed changes in the 2016 compensation revisions affecting the FLSA's "white collar" exemptions will be forthcoming before October 2018.
Indications are that the U.S. Department of Labor is seriously considering retaining the Obama Administration's procedure (or something like it) for automatic "updates" to the FLSA "white collar" exemption regulations' compensation thresholds.
The U.S. Department of Labor is appealing September's summary-judgment ruling against its "overtime rule".