Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Is A New Overtime Rule Coming Soon?

By Alan H. Bowie, Jr. & Sarah S. Healey on February 28, 2019
Email this postTweet this postLike this postShare this post on LinkedIn

An updated rule for the Fair Labor Standard’s Acts “white collar” overtime exemptions for executive, administrative, and professional workers is likely coming soon.  In mid-January, the United States Department of Labor (“DOL”) submitted its proposed final rule governing these exemptions to the White House Office of Management and Budget for final approval.  As we reported previously, the drastic Obama-era updates to the overtime exemptions, which nearly doubled the salary threshold, were struck down by a federal court.

What can we expect in a new rule?

You can certainly expect an increase in the salary threshold.  Current DOL Secretary Alexander Acosta testified in his confirmation hearings that the salary threshold should increase but he thought that the Obama-era increase was done in a way that “created a shock to the system.”  It is likely that the salary threshold will fall somewhere in the middle of the current threshold, which is $23,600 and the proposed Obama-era threshold, which was $47,476.

When can we expect a new rule?

No release date has been provided.  However, the DOL is likely to publish a new rule this year.  An appeal of the court’s decision to strike down the Obama-era rule is pending before a federal appellate court.  The federal appellate court can overturn the lower court’s decision and reinstate the Obama-era proposed rule if the DOL does not finalize its new rule.

Photo of Alan H. Bowie, Jr. Alan H. Bowie, Jr.

Alan H. Bowie, Jr. is a member of Carmody’s Labor and Employment group. During law school, Alan served as a judicial intern to the Honorable Juan R. Sanchez, Judge of the Eastern District of Pennsylvania and judicial extern to the Honorable Mark A.

Alan H. Bowie, Jr. is a member of Carmody’s Labor and Employment group. During law school, Alan served as a judicial intern to the Honorable Juan R. Sanchez, Judge of the Eastern District of Pennsylvania and judicial extern to the Honorable Mark A. Davis, Judge of the North Carolina Court of Appeals.

Read more about Alan H. Bowie, Jr.Email
Show more Show less
Photo of Sarah S. Healey Sarah S. Healey

Sarah S. Healey has represented clients in a range of matters involving, for example, claims of employment discrimination, harassment and retaliation, wrongful discharge, breach of contract and fiduciary duty, defamation, unfair trade practices, and misappropriation of trade secrets in federal and state court.

Sarah S. Healey has represented clients in a range of matters involving, for example, claims of employment discrimination, harassment and retaliation, wrongful discharge, breach of contract and fiduciary duty, defamation, unfair trade practices, and misappropriation of trade secrets in federal and state court. Sarah also regularly defends employers before administrative agencies such as the Equal Employment Opportunity Commission and the Commission on Human Rights and Opportunities. Sarah frequently presents on current labor and employment law issues. She also conducts management training for all employers on topics including harassment prevention and performance management, leaves of absence, accommodating employees with disabilities, and wag and hour compliance.

Read more about Sarah S. HealeyEmail
Show more Show less
  • Posted in:
    Employment & Labor
  • Blog:
    Carmody @ Work
  • Organization:
    Carmody Torrance Sandak & Hennessey LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo