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. With so many agencies experiencing staffing shortages and difficulties hiring new . Last fall, the Department of Labor (DOL) published its 2021 regulatory priorities, which included plans to update the top salary level that would qualify for exemption from overtime pay (known as the "white collar exemption") under the Fair Labor . Topics covered: National employment laws, harassment, accommodations, training, and more. The FTC is accepting public comments on the proposed rule until March 10, 2023, and they can be submitted online. Please confirm that you want to proceed with deleting bookmark. p.usa-alert__text {margin-bottom:0!important;} overtime pay and the ability to organize into unions. 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. [CDATA[/* > 1){
@media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} }. 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. 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. Averaging of hours over two or more weeks is not permitted. $(document).ready(function () {
"This type of change would also disqualify many currently exempt employees from their current exempt status," he said. The U.S. Department of Labor has rescheduled the release of its proposed salary basis threshold rule for May. It remains to be seen whether the DOL will follow its own timeline, however. $("span.current-site").html("SHRM MENA ");
The National Labor Relations Board (NLRB) indicated in the spring regulatory agenda its intention to consider addressing the following topics using the rulemaking process in the future: The board announced it would be revising the union representation election procedureswith a focus on the amendments issued in 2020. 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 . 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"). A sign stands in front of the U.S. Department of Labor. Many expect the DOL to increase the threshold from its current minimum salary amount of $684/weekpotentially impacting millions of employees across the United States. .usa-footer .grid-container {padding-left: 30px!important;} Please log in as a SHRM member before saving bookmarks. The site is secure. The district court did this partly based on its conclusion that the June 2012 memorandum announced a legislative rule that required notice-and-comment rulemaking. The DOL's new overtime rule is expected to raise the minimum salary for most overtime-exempt employees and . }
To request permission for specific items, click on the reuse permissions button on the page where you find the item. However, on March 14, 2022, a district court vacated the Department's rules to delay and withdraw the Independent Contractor Status Under the Fair Labor Standards Act . 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. Under the FLSA, employees must receive overtime pay of at least one and one-half times their regular rate of pay for work in excess of forty hours per workweek. Trumps DOL then revisited the threshold, agreeing that an increase was needed, but one far below the rate Democrats had planned. These exemptions are commonly referred to as the white-collar or EAP exemptions. Rescind the 2021 Independent Contractor Rule. U.S. Department of Labor (DOL)/Wage and Hour Division (WHD), DOL/Office of Labor-Management Standards (OLMS), DOL/Employee Benefits Security Administration (EBSA), Occupational Safety and Health Administration (OSHA). An employee's workweek is a fixed and regularly recurring period of 168 hours seven consecutive 24-hour periods. Virtual & Washington, DC | February 26-28, 2023. 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. Federal law currently requires overtime pay only for employees who earn an annual salary of less than $35,568, although many such workers are excluded. The Notice of Proposed Rulemaking was originally slated for April 2022 but then delayed to October of that year. Colorado Maine New York The salary threshold for the overtime exemption varies based on geographical location. Supreme Court: Salary, Not Daily Pay, Required for FLSA Overtime Exemptions. 2022. The proposed changes will impact Employers and employees. var currentUrl = window.location.href.toLowerCase();
The new proposal, which is included in the Departments Statement of Regulatory Priorities, will take into consideration the feedback it received in response to aRequest for Information (RFI) on data and methods for determining prevailing wage levels to ensure fair wages and strengthen protections for foreign and U.S. workers.. Digital platform companies like Uber, Lyft, Instacart, and DoorDash are waging increasingly aggressive campaigns to erode long-standing labor rights and consumer protections in states across the country. .agency-blurb-container .agency_blurb.background--light { padding: 0; } XpertHR is part of the LexisNexis Risk Solutions Group portfolio of brands. An agency within the U.S. Department of Labor, 200 Constitution Ave NW President Biden touted increasing the salary threshold throughout his presidential campaign. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} From March 2020 through June 2020, employees were required to work remotely four days per week due to the COVID-19 pandemic. p.usa-alert__text {margin-bottom:0!important;} /*-->*/. 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. Please purchase a SHRM membership before saving bookmarks. Wage and Hour Division Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees, According to the Regulatory Agenda, the Department of Labor (DOL)s Wage and Hour Division (WHD) is now planning to release a Notice of Proposed Rulemaking (NPRM) to address changes to the Fair Labor Standards Act (FLSA)s overtime pay requirements in October 2022. Neil Reichenberg is the former executive director of the International Public Management Association for Human Resources. Specifically, the flexibility guidance allows for remote inspection of Form I-9 documents in situations where employees work exclusively in a remote setting due to COVID-19-related precautions. March 21, 2022. Despite relying on the labor of millions of workers to provide their services, platform companies have established a business model on the premise that they employ no one. 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