United States Department of Labor Washington, DC 20210 Re: Overtime Regulations Proposed in the Fall 2021 Regulatory Agenda Dear Acting Administrator Looman: . NAM Vice President of Infrastructure, Innovation and Human Resources Policy Robyn Boerstling joined us to explain what's happening. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} Currently, the Department of Labor requires that employees covered by the Fair Labor Standards Act must receive overtime pay for working more than 40 hours in a workweek, unless the employee is covered by certain exemptions. The US Department of Labor (DOL) now intends to propose new Fair Labor Standards Act (FLSA) overtime rules this October, six months later than originally planned. Changes to overtime pay requirements have beenimplementedthrough regulations under both the Obama and Trump administrations. Please log in as a SHRM member. A new overtime rule from the U.S. Department of Labor is likely to change some of the existing rule's white-collar exemptions. Restore the multifactor, totality-of-the-circumstances analysis to determine whether a worker is an employee or an independent contractor under the FLSA. Review Administrator Interpretations, Opinion and Ruling Letters as well as pertinent chapters of the WHD Field Operations Handbook. The U.S. Department of Labor has rescheduled the release of its proposed salary basis threshold rule for May. Overtime Pay. From March 2020 through June 2020, employees were required to work remotely four days per week due to the COVID-19 pandemic. Please log in as a SHRM member. All rights reserved. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } You may be trying to access this site from a secured browser on the server. Many of these pending and future rulemakings outlined above are expected to face scrutiny via congressional oversight in the newly Republican-controlled House of Representatives. 213(a)(1), exempts any employee employed in a bona fide executive, administrative, or professional capacity or in the capacity of outside salesman (as such terms are defined and delimited from time to time by regulations of the Secretary, subject to the provisions of the [Administrative Procedure Act.]) var temp_style = document.createElement('style');
An official website of the United States government. ET, Webinar From April through June 2022, DOL held several listening sessions for interested stakeholders to discuss any support or concerns they may have with the anticipated rulemaking. New DOL Overtime Threshold in 2022. Feel free to contact us if you have questions about this matter. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned. The courts blocked this proposal shortly before it was scheduled for implementation. 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. 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. The proposed rule . $(document).ready(function () {
Track your regular work hours, break time, and overtime hours. ("WHD") plans to develop and release in April 2022 a Notice of Proposed Rulemaking ("NPRM") on "the exemption of bona fide executive, administrative, and professional . The U.S. Department of Labor (DOL) had predicted it would issue its proposed new rule to overhaul the overtime regulations of the Fair Labor Standards Act in October, but we are still waiting for that proposal. State law requires [] Most recently, DHS announced an additional extension of the Form I-9 flexibility guidance through October 31, 2022. Last fall, the DOL said it would propose new overtime rules - which are expected to raise the minimum salary for most overtime-exempt employees and possibly update the . FLSA requirements relating to minimum wage, overtime, and . }); if($('.container-footer').length > 1){
On June 15, 2012, theDHS established the DACA policy. The agency ultimately proposed and successfully implemented a $35,568 threshold. Reposted with permission. The courts blocked this proposal shortly before it was scheduled for implementation. As an update, the April deadline has passed, but it is now anticipated that the DOL intends to propose new FLSA overtime rules this October. Preserving access to the legal system focusing on overly broad waivers, releases, non-disclosure agreements or non-disparagement agreements, mandatory arbitration provisions, failure to keep applicant and employee data and records, and retaliatory practices that dissuade employees from exercising their rights. Department of Labor Intends to Extend Overtime Pay Requirements to More Workers. The agenda says they will have proposed rule revisions and . */. 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 . Joint-employer status under the National Labor Relations Act. In July 2022, the National Labor Relations Board (NLRB) is planning to release an NPRM to potentially amend the standard determining when two employers may be considered joint employers under the National Labor Relations Act. $("span.current-site").html("SHRM China ");
EEOC Seeks Comments on Strategic Enforcement Plan The Equal Employment Opportunity Commission (EEOC) has published for public comment, a draft Strategic Enforcement Plan. Trumps DOL then revisited the threshold, agreeing that an increase was needed, but one far below the rate Democrats had planned. Consistent with the presidential memorandum, the DHS published a notice of proposed rulemaking on Sept. 28, 2021, to consider all issues regarding DACA, including those identified by the district court relating to the policy's substantive legality. 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. The department believes the new rule would preserve essential worker rights and provide consistency for regulated entities. The district court further sent the DACA policy to the DHS for further consideration. You have successfully saved this page as a bookmark. Final Regulatory Text. Congress must also have keen insight of the administration's regulatory plans to assess its budget requests and operations. The two areas of anticipated revision are to the salary level and duties tests for an employee to be exempt from overtime pay. Please purchase a SHRM membership before saving bookmarks. According to DOLs agenda, the proposed rule will update the salary level at which many workers become exempt from the Fair Labor Standards Acts minimum wage and overtime requirements. 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"). Before sharing sensitive information, make sure youre on a federal government site. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. The agency plans to release a new overtime threshold in May. Before sharing sensitive information, make sure youre on a federal government site. The .gov means its official. The salary basis threshold has been raised numerous times since Congress enacted the FLSA in 1938. .cd-main-content p, blockquote {margin-bottom:1em;} The DOL promised to consider this feedback and may make changes to its draft rule before publishing a final version. According to DOL, the 40th percentile equated to $921 per week in 2013 and will be about $970 when the rule is . There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The DOL's December agenda appears to be the first real step in that direction, announcing it will propose an update in . Please enable scripts and reload this page. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) {
Survey Participation and Information Templates, CUPA-HR Welcomes a New Board of Directors for 2022-23. 2023 Locke Lord LLP | Attorney Advertising, Employee Benefits & Executive Compensation, Environmental, Social and Governance (ESG). Please press Ctrl/Command + D to add a bookmark manually. Before the Fifth Circuit reviewed Judge Mazzants decision, the Trump administration rescinded the rule and raised the salary threshold to the current $684/week standard. 2022: Fall 2022 Rulemaking Comments. The Department of Labor (DOL) The overtime threshold is a salary level used to determine which employees are eligible to receive overtime pay when they work over 40 hours in a single workweek. Please confirm that you want to proceed with deleting bookmark. On June 21, the Biden administration released the anticipated Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions (Regulatory Agenda), providing the public with a detailed glimpse into the regulatory and deregulatory activities under development across approximately 67 federal departments, agencies and commissions. 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. The FTC noted that the proposed rule would make it illegal for an employer to: EEOC Settles COVID Discrimination Lawsuit The Equal Employment Opportunity Commission (EEOC) announced that it settled a lawsuit alleging disability discrimination in violation of the Americans with Disabilities Act (ADA) by an employer who denied an employees reasonable request to work from home and subsequently fired her. }
[CDATA[/* >