Hence, the consideration of a new overtime proposal. All About the New DOL Proposed Overtime Rule Expected In - Zenefits The Department recognizes that some businesses pay significantly larger bonuses; where larger bonuses are paid, however, the amount attributable toward the EAP standard salary level is capped at 10 percent of the required salary amount. The Department encourages any interested members of the public to submit comments about the proposed rule electronically at Your session has expired. The Future of Energy: Commercial Scale Hydrogen, 36-Month Rule Anticipated to Expand to Hospice, The BR Privacy & Security Download: July 2023, SDNY Rules Ripples Xrp Token Is Not a Security, In Decentralized Finance, DAOs Are People Too, Federal Circuit to Revisit Whether KSR Extends to Design Patents, Major Questions About the Major Questions Doctrine. That (2016) rule raised the minimum salary level from $455 per week to $913 per week. The Severability of Wind Rights from a Surface Estate. How did the Department arrive at the proposed numbers? Many employers fear the DOL will adopt California's rules, according to Boonin. [Jump to an interactive timeline of the overtime rule.]. Such bonuses include, for example, nondiscretionary incentive bonuses tied to productivity and profitability. Perhaps the rule has been delayed due to concerns about inflation and how the change would impact small and midsize businesses, or perhaps the administrative process is just taking longer than the agency originally anticipated. Under these tests, it is possible for a primary duty to occupy less than 50 percent of the employee's time. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. Lee Schreter, an attorney with Littler in Atlanta, said she wouldn't be surprised if the DOL tightens up the administrative exemption. Below is a summary of what weve gathered thus far. The piece begins by explaining the current state of the proposed DOL rulemaking: In late 2022, President Biden proposed a restriction of workers . The DOL has considered modifying the regulations in this regard a few times in recent yearsbut hasended up leaving the current tests alone. .usa-footer .container {max-width:1440px!important;} Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. Robinson said it is doubtful the proposed rule will include language to modify the duties tests, but employers should still be vigilant to ensure that the duties tests are not part of the proposed regulations. Please log in as a SHRM member before saving bookmarks. According to XpertHR, The DOL may postpone the [proposal] date even further, as it often misses its own rulemaking targets.. DOL releases proposed overtime pay rule for public comment How do I know if I'm supporting the basic human needs of my people? In applying this methodology, the Department specifically looked at Current Population Survey (CPS) earnings data from 2015-17 (the most recent data available at the time of the Departments analysis), and projected the resulting rate forward to January 2020. Tracing the Tsunami of HOA Bills: WRAL Talks with Community Real Estate Practice Group at Ward and Smith. Are All Lawsuits Against "Woke" Directors "Nonstarters New anti-bullying law proposals make grim reading all round for UK MIC CHECK! Please log in as a SHRM member before saving bookmarks. [CDATA[/* >*/. The U.S. Department of Labor plans to propose a rule in October that would overhaul certain workers' entitlement to overtime pay, the agency said, pushing back the expected date for the rulemaking. DOLs Revision to Overtime Law Expected Fall 2022 Aretha Franklins Handwritten Will Found in Couch a Valid Document, Francoeur and Young Obtain Dismissal of Claim against Insurance Broker. . Note: The 2016 final rule that was struck down raised the salary threshold for highly compensated employees to $134,004 (from $100,000). What do you need to know about the pending proposals and how might they impact your workforce? The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. The Department calculated the standard salary amount by applying the same method used to set the standard salary level in 2004 The Department estimates average transfers to employees to be approximately $429.4 million per year over the first ten years. Under the proposed rule, may employers use bonuses to satisfy part of the new standard salary level test?
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