In 2022, the Department of Labor (DOL) announced their intent to update regulations defining which employees are eligible for overtime compensation and which ones are exempt. Specifically, DOL states that one of their primary goals is to update the salary threshold for mandatory overtime pay that is currently set at $35,568 per year.
Last week, DOL sent its proposed rule to the White House Office of Information and Regulatory Affairs (OIRA) for review. This is a required initial step before the proposed overtime rule is published. While OIRA has 90 days to conduct its review, in most cases, the review takes 30 to 60 days. The proposed rule is not public during OIRA’s review, although there are some indications that the new salary threshold for overtime pay could be around $50,000 and will not make changes to the duties test. Whether that holds true or not will have to wait until we see the actual text.
Considering DOL’s announcement, NLBMDA is proactively gathering information regarding the impact that potential changes to the overtime rule could have on employers and their employees.
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