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.
The U.S. Labor Department now says only that the proposed revisions will be released in "coming months".
Recent "open letters" and related publicity strongly suggest that a substantial increase in the salary test for the FLSA "white collar" exemptions is probable.
A couple of remarks made by Solicitor of Labor M. Patricia Smith at a December continuing-legal-education conference were especially interesting.
The U.S. Labor Department has no authority to set the minimum salary for exempt "white collar" employees based upon what they "ought to be" paid.
The signs are ominous with respect to possible U.S. Labor Department changes in the regulations governing the federal Fair Labor Standards Act's Section 13(a)(1) exemptions.
Be on the lookout for a November 2014 release of proposals to curtail the FLSA's Section 13(a)(1) executive, administrative, professional, and "outside salesman" exemptions.
President Obama has instructed the U.S. Labor Department to revise the FLSA's so-called "white collar" exemptions. The goal is to increase the number of non-exempt employees.