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@media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} One other item that may be in play is the duties test, Boonin added. var currentUrl = window.location.href.toLowerCase(); var currentUrl = window.location.href.toLowerCase(); DOL Plans Release of Overtime Rule in May In the most recent semi-annual regulatory agenda, the U.S. Department of Labor (DOL) announced that it plans to release in May the proposed salary basis threshold for overtime exemptions under the Fair Labor Standards Act (FLSA) for administrative, executive, and professional employees. Employers should carefully review all pay practices, exemptions from overtime, and potential FLSA liability in light of these potential changes. ol{list-style-type: decimal;} Get the Quickstart Guide for Employers. An employee's workweek is a fixed and regularly recurring period of 168 hours seven consecutive 24-hour periods. Some of the topics on which comment was requested, along with a number of alternative approaches described in the proposed rule, suggests that the ultimate product of the rulemaking may be less than a total ban. $("span.current-site").html("SHRM MENA "); Employers can change that, Twin Cities hospital workers call out racism, demand change from employers, Top 10 Workplace Trends for Thriving Work Environments, Caregiving Support: A Smart Investment for Employers in an Uncertain Economy, 5 Workplace Gaps Employers Cant Afford to Ignore, Top Compensation Sins HR Execs Must Avoid, Rethinking Population Health and the Intersection of the Primary Care Experience, NLRBs severance ruling has broad implications for employers. That salary threshold had been set at $23,600 ($455 per week) since 2004, and DOL sent shockwaves through the employment community when it proposed and finalized a rule to more than double . The agency ultimately proposed and, Another increase has long been on the Biden administrations agenda, but it has not said what dollar figure it has in mind. Align the departments approach with courts FLSA interpretation and the economic reality test. The DOL initially planned to issue this new proposal in April 2022. Please log in as a SHRM member. EEOC Seeks Comments on Strategic Enforcement Plan The Equal Employment Opportunity Commission (EEOC) has published for public comment, a draft Strategic Enforcement Plan. The policy directed U.S. Start Preamble AGENCY: Wage and Hour Division, Department of Labor. The Act applies on a workweek basis. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { Congress must also have keen insight of the administration's regulatory plans to assess its budget requests and operations. The Federal Trade Commission has issued a proposed rule that would ban employers from imposing noncompete agreements on their workers. Citizenship and Immigration Services (USCIS) to create a process to defer theremoval of certain noncitizens who years earlier came to the United States as children, meet other criteria and do not present other circumstances that would warrant removal, according to the DHS. While independent contractors have an important role in our economy, we have seen in many cases that employers misclassify their employees as independent contractors, particularly among our nations most vulnerable workers, said Secretary of Labor Marty Walsh. With the issuance of its spring regulatory agenda 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. As with the overtime rule, the final independent contractor rule would take effect no sooner than 60 days after it is published in the Federal Register. Webinar URL: https://www.complianceprime.com/details/980/new-proposed-overtime-rule-2022The Department of Labor will soon issue new . Learn more by reading fact sheets that cover a variety of overtime topics. Section 13(a)(1) of the FLSA, codified at 29 U.S.C. DOL had previously planned to release the proposed rule in October 2022. An official website of the United States government. On July 16, 2021, the U.S. District Court for the Southern District of Texas vacated the June 2012 memorandum that created the DACA policy and permanently blocked the DHS from administering the DACA program and from reimplementing DACA without compliance with the Administrative Procedure Act. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. In 2021, four congressional Democrats argued for a threshold in line with the historical high point of salary thresholds the 55th percentile of earning of full-time salaried workers nationwide. That would have resulted in a threshold of, Webinar .h1 {font-family:'Merriweather';font-weight:700;} 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. You may be trying to access this site from a secured browser on the server. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} These exemptions are commonly referred to as the white-collar or EAP exemptions. -1) { Require automatic future increases to the threshold. enter into or attempt to enter into a noncompete agreement with a worker; maintain a noncompete agreement with a worker; or. The exempt duties generally fall within those categories, and each category has different criteria: The salary level was last adjusted effective January 1, 2020 when it was raised to the $684 per week level (equivalent to $35,568 per year for a full-year worker). The U.S. Department of Labor (DOL) recently published its spring regulatory agenda containing a tentative date of October 2022 for a proposed overtime rule. The overtime salary threshold limits will increase for the following states: California To qualify for the overtime exemption, licensed physicians and surgeons must earn at least $91.07 per hour. 200 Constitution AveNW Washington, DC 202101-866-4-US-WAGE1-866-487-9243, Administrator Interpretations, Opinion and Ruling Letters, Resources for State and Local Governments. The division encourages all stakeholders to participate in the regulatory process. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Shannon Meade is executive director of Littler's Workplace Policy Institute in Washington, D.C. 2023 Littler. "Some commentators, though, believe that the administration may go the distance this time and look toward conforming the federal rules to more closely reflect the California standards," he said. p.usa-alert__text {margin-bottom:0!important;} Though it marked the first increase to the FLSA's overtime threshold in over a . 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