The USDOL has proposed to update its guidance regarding how the "regular rate" is calculated for purposes of overtime pay.
USDOL's long-awaited proposed white-collar exemption changes a/k/a Overtime Rule 2.0 includes a proposed minimum salary threshold of $679 per week.
USDOL reportedly is submitting a proposed rule for review by the federal Office of Management and Budget. Publication on target for first quarter.
USDOL has announced that it does not expect to address the FLSA white-collar exemptions (the so-called “overtime rule”) until March 2019 and has slotted "joint employment" for December 2018 instead.
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 public comment period for the USDOL's proposed rescission of the 2011 tip regulations has closed. Regardless of where data and "fairness" concerns might lead one, the fundamental legal issue is that the agency's authority does not extend to circumstances where an employer is not taking the tip credit.
The U.S. Department of Labor has now proposed regulatory revisions that would in effect rescind the prior administration's tip-retention restrictions as to employers who do not rely upon the FLSA tip-credit.
What if there is already a way to "credit" various non-salary compensation against an increased salary minimum?
The publication date for the U.S. Labor Department's revised federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemption definitions remains uncertain. But a growing consensus is that they are likely to be released within the next four weeks or so.
Congress has responded to the U.S. Labor Department's impending revisions of its FLSA Section 13(a)(1) exemption definitions by introducing nullifying legislation.