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DOL Calling for Input: At What Salary Should A Worker Be Exempt From Overtime?

By Angela Hart-Edwards & Akerman Law on August 8, 2017
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Now that the Department of Labor has gone back to the drawing board with the new regulation that set a $47,476 threshold salary for white collar employees to be exempt from overtime, it would like to hear from you.

The DOL is asking stakeholders – including business owners – to chime in on what that threshold should be and what factors should be considered in setting it. The new salary regulation, which more than doubled the threshold salary for exempt professional, administrative and executive workers, was supposed to take effect December 1, 2016. However, last November a Texas court enjoined the rule from taking effect and the DOL appealed. In the appellate brief filed this summer on behalf of the DOL – now led by Trump appointee Alexander Acosta – the agency asked the appellate court not to address the validity of the specific salary level set by the 2016 final rule. Instead it asked the court to rule only on whether the DOL has authority to set a salary level, and stated its intent to take the salary level determination back through the rule-making process.

The DOL has now started that process, issuing a Request for Information (linked here) seeking input on 11 specific questions related to the salary level, including what methodology should be used to set it and whether there should be more than one; whether a duties test alone could determine exempt status; whether there should be a mechanism for automatically updating the salary level and if so, what should it be; whether non-discretionary bonuses and incentive payments should be included to satisfy a portion of the salary level; what the test should be for highly compensated employees; and to what extent employers made changes in anticipation of the regulation that was to take effect last December.

Comments must be submitted by September 25, 2017, and can be submitted via the link in the RFI. Comments can also be submitted at: http://www.regulations.gov/

Akerman will continue to follow the progress of the salary level rule-making process and keep our readers updated.

 

 

Photo of Angela Hart-Edwards Angela Hart-Edwards

Angela Hart-Edwards is a seasoned litigator and trial lawyer having tried more than 50 cases to verdict. She focuses her practice in all aspects of employment law with an emphasis on representation of employers in individual and class and collective litigation matters in…

Angela Hart-Edwards is a seasoned litigator and trial lawyer having tried more than 50 cases to verdict. She focuses her practice in all aspects of employment law with an emphasis on representation of employers in individual and class and collective litigation matters in state and federal courts nationwide. As a former Equal Employment Opportunity Commission (EEOC) and Department of Justice Civil Rights Attorney, and an Assistant U.S. Attorney for the U.S. Attorney’s Office for the District of Columbia, she defends government contractor and other private sector employers in individual and multi-plaintiff employment discrimination lawsuits, EEOC and Office of Federal Contractor Compliance Programs (OFCCP) systemic discrimination actions, and in wage and hour, and class and collective actions. She conducts internal investigations, writes employment policies and handbooks, serves as a corporate diversity counselor, and trains management on the myriad of laws impacting the workplace. In addition, she conducts labor and employment law diligence for corporate and private equity related mergers and acquisitions. Angela also defends companies in various types of commercial litigation and government inquiries that are sometimes iniated by grand jury subpoenas.

Read more about Angela Hart-EdwardsEmail
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  • Posted in:
    Employment & Labor
  • Blog:
    HR Defense
  • Organization:
    Akerman LLP
  • Article: View Original Source

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