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. On September 24, 2019, the Department of Labor issued its final overtime rule to increase the minimum salary threshold for executive, administrative and professional exemptions from $455 per week ($23,660 annually) to $684 per week ($35,568 annually). The yet-to-be proposed rule is expected to be unveiled in May 2023. Agendas are generally released in the fall and spring and set target dates for each agency and sub-agencys regulatory actions for the coming year. Minimum Wages Are On the Rise in Several States. . Please press Ctrl/Command + D to add a bookmark manually. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { In the Biden administration's fall 2021 regulatory agenda, the Department of Labor (DOL)'s Wage and Hour Division (WHD) announced that it planned to release in April 2022 a Notice of Proposed Rulemaking (NPRM) changing criteria for the "executive, administrative and professional" exemptions from the overtime pay requirements under the Fair Labor Standards Act (FLSA). 1){ The move would have entitled millions more employees to overtime pay, economists estimated, but it was halted when a federal judge. 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 materials and information included in the XpertHR service are provided for reference purposes only. The DOL noted in its agenda that the Occupational Safety and Health Administration (OSHA) has already issued an emergency temporary standard to address the danger of COVID-19 in health care workplaces. By continuing to use our site or by closing this banner without changing your cookie settings, you agree to our use of cookies. The overtime rule was first slated for April 2022 and then for October 2022, so another delay would not be unusual. #block-googletagmanagerheader .field { padding-bottom:0 !important; } The federal rules governing overtime pay were established by the Fair Labor Standards Act (FLSA), which also described which workers are exempt from . For Long Island and Westchester County . The U.S. Department of Labor (DOL) announced in its spring regulatory agenda in mid-June that a proposed new overtime rule will be released later this year. 10.19.2022 The Department of Labor is seeking public comment on or before November 28, 2022, regarding its proposed changes to the classification of independent contractors under the Fair Labor Standards Act. 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. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); Copyright 2023 HRCI. Lee Schreter, an attorney with Littler in Atlanta, said she wouldn't be surprised if the DOL tightens up the administrative exemption. Compete for talent by understanding how anticipated significant changes to FLSA earnings thresholds will affect your organization, Human Resources and Compensation Consulting, Prepare Now for FLSA Rule Changes Coming Soon, Affordable Housing Insurance and Consulting for Nonprofits, Business Continuity Planning and Resiliency Services, Claims Management and Third Party Administration, Compensation Consulting and Total Rewards Programs, Diversity, Equity and Inclusion (DEI) Consulting, Human Resources and Compensation Consulting Overview, Meet the Human Resource Compensation Consulting Team, Physical and Emotional Wellbeing Consulting, National Center for Civil and Human Rights, National Underground Railroad Freedom Center, Some analysts anticipate salary thresholds as high as. Please enable scripts and reload this page. You have successfully saved this page as a bookmark. Additionally, CUPA-HR submitted commentsin response to the RPI based on a recent survey detailing members experiences with the Form I-9 verification process flexibilities. Shannon Meade is executive director of Littler's Workplace Policy Institute in Washington, D.C. 2023 Littler. [CDATA[/* >
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dol proposed overtime rule 2022