Many unions and other worker advocates believe the DOL should match or exceed the $921 salary level of the 2016 proposed rule, with several groups demanding the . To request permission for specific items, click on the reuse permissions button on the page where you find the item. The Department of Labor remains committed to addressing the issue of misclassification.. The proposed overtime rule will be published in May, according to the agenda. $(document).ready(function () { @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} On February 22, 2023, the final farm labor overtime regulations were adopted, codifying Commissioner Reardon's order adopting the recommendation of the Farm Laborers Wage Board to lower the current 60-hour threshold for overtime pay to 40 hours per week by January 1, 2032, allowing 10 years to phase in the new threshold. Get the Quickstart Guide for Employers. After the Trump administration started the rulemaking process anew, in September 2019, DOL issued a newfinal ruleraising the minimum salary level required for exemption from $23,660 annually to $35,568 annually. March 21, 2022. . CUPA-HR filed anextension request with the department asking for an additional 90 days to evaluate the NPRMs impact on [members] research missions and collect the information needed in order to provide thoughtful and accurate input to the USDA, as well as official comments that were pulled from 2012 comments CUPA-HR submitted with the Society for Human Resource Management (SHRM). The U.S. Department of Labor (DOL) had predicted it would issue its proposed new rule to overhaul the overtime regulations of the Fair Labor Standards Act in October, but we are still waiting for that proposal. [CDATA[/* >*/. Reposted with permission. Then the final rule would need to take effect no sooner than 60 days after it is published in the Federal Register, assuming it is classified as a major rule. .usa-footer .grid-container {padding-left: 30px!important;} The move would have entitled millions more employees to overtime pay, economists estimated, but it was halted when a federal judge enjoined the rule just days before it was set to take effect. Fair Labor Standards Act The FLSA establishes minimum wage, overtime pay, and payday standards, in addition to recordkeeping obligations . On Jan. 4, the Biden administration released its long-awaitedFall 2022 Unified Agenda of Regulatory and Deregulatory Actions. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. enter into or attempt to enter into a noncompete agreement with a worker; maintain a noncompete agreement with a worker; or. This spring, the U.S. Department of Labor (DOL) is expected to announce recommended changes related to employee salary for overtime rules as part of the Fair Labor Standards Act (FLSA). just days before it was set to take effect. However, court challenges prevented the rule from taking effect and it was permanentlyenjoinedin September 2017. Neither Arthur J. Gallagher & Co., nor its affiliates provide accounting, legal or tax advice. If such an increase is proposed, it will impact millions of workers and almost certainly meet resistance in federal courts from private employers and business groups. A vast majority of organizations across numerous industries face potential compliance and monetary impacts if the legislation passes. Biden's DOL may seek to increase the threshold even greater than the 2016 proposal under Obama. Thank you again for providing me the opportunity to testify on the Department of Labor final overtime rule, and I would be happy to answer any questions that any of the members may have. Its latest regulatory agenda lists May 2023 as the target date for two key Fair Labor Standards Act (FLSA) developments: a proposed overtime rule and a final independent contractor rule. The United States Department of Labor (DOL) is expected to propose a new salary threshold for various overtime exemptions under the Fair Labor Standards Act (FLSA). In particular, the House Education and Labor Committee (expected to be renamed the "House Education and Workforce Committee" by the new Republican majority) is expected to pursue aggressive oversight of the DOL and the NLRB. The DOL has considered modifying the regulations in this regard a few times in recent yearsbut hasended up leaving the current tests alone. The DOL's new overtime rule is expected to raise the minimum salary for most overtime-exempt employees and possibly update the duties tests as well. Once anticipated in the spring, the proposed rule will recommend how to implement the exemption of bona fide executive, administrative and professional employees from the Fair Labor . "Thus, it is premature to make internal changes to pay policies in anticipation of the rulemaking. An HR Advisor is here to help by email, live chat, or phone. Affiliate of the Society for Human Resource Management, Home Blog 2022 DOLS PROPOSED OVERTIME RULE. Employees paid below that figure must receive time-and-one-half their regular rate of pay when they work more than 40 hours in a workweek. } In the spring regulatory agenda, the U.S. Department of Homeland Security (DHS) announced that it plans to issue a final rule on Deferred Action for Childhood Arrivals (DACA) in August. On June 21, the U.S. Department of Labor (DOL) announced that its proposed overtime rule is now tentatively slated to be released in October. Rather than appeal the judge's decision, which was criticized by many unions and worker advocates, the Trump administration proposed a new rule in 2019 that elevated the overtime wage . $('.container-footer').first().hide(); "If any of these issues make their way into new regulations in any significant way, litigation is assured.". Last October, the DOL proposed a new independent contractor rule that would establish a version of the "economic realities test" as the standard for determining whether a worker is an employee or an independent contractor under the FLSA. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. For Long Island and Westchester County . .table thead th {background-color:#f1f1f1;color:#222;} [CDATA[/* >