Exemption Proposals Apparently Still Under Review

It has been widely anticipated that the U.S. Labor Department's proposed new definitions for the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative, professional, outside-sales, and derivative exemptions would be officially published this week (if not today).

Indications now are that this is unlikely to be the case. As of late this afternoon, the federal Office of Information and Regulatory Affairs' website still said that the proposals are "pending review". Neither does the Federal Register website reflect that the materials have been submitted for publication tomorrow.

This is consistent with recent remarks by the USDOL Office of Public Affairs to the effect that the review is ongoing, but that the publication is still scheduled for this month.

We will continue to monitor developments closely.