NEW FLSA OVERTIME RULES POSSIBLE THIS SPRING
March 25th, 2016 by JBWK
Submitted by Attorney Jennifer L. Muse
On March 14, 2016, the U.S. Department of Labor (DOL) sent the proposed final overtime rule to the Office of Management and Budget (OMB) for its mandatory review. OMB review generally takes 30 days, but that period can be extended.
Under the proposed regulations, the minimum weekly salary for the white collar exemptions would be $970 a week ($50,440 a year), more than double the current threshold. Although the specific provisions of the final regulations will not be known until its publication, the DOL’s request for public comment regarding necessary changes to the duties test may indicate modifications to the duties tests also will be forthcoming in the final rule.
Previously, the DOL had suggested that its final regulations would be published in July of 2016. The delivery of the proposed final regulations to OMB, however, means that publication could occur sooner, possibly in April or May of 2016. The DOL has indicated that the final regulations would become effective 60 days after publication.
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