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Denver Attorney Reminds Employers that Duties Test Still Applies in Analyzing White-Collar Exemptions Under DOL’s New Overtime Rule


The U.S. Department of Labor’s newly finalized overtime rule, which takes effect January 1, 2020, will make 1.3 million more white-collar American workers eligible for overtime. While the rule is likely to face a legal challenge, Denver attorney Micah Dawson said in a Law Week Colorado article that, because the USDOL offered ample opportunities for public comment and was thorough in addressing them, it’s doubtful a court would change the DOL’s decision.

The Department set the white-collar salary threshold at $35,000, but Micah cautions that salary level alone doesn’t make an employee exempt. Employers must bear the duties test in mind. The DOL left the test unchanged, and it factors into the exemption analysis.

To read the article, visit Law Week Colorado.


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