When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. As we previously reported in our New Year's Update for 2022, the US Department of Labor (DOL's) regulatory agenda included proposed rulemaking on the Fair Labor Standards Act (FLSA) overtime rules by April 2022. Copyright 2023 HRCI. These factors include the investment, control and opportunity for profit or loss factors. In . Updated October 25, 2022: The DOL has extended the comment period for this proposed rule until December 13, 2022. Use of the service is subject to our terms and conditions. Tuesday, February 28, 2023. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } You have successfully saved this page as a bookmark. Biden's DOL may seek to increase the threshold even greater than the 2016 proposal under Obama. Regulatory agenda lists the status of anticipated regulatory actions. By Jill Desjean, NASFAA Policy & Federal Relations Staff. Whitepaper & Research Library India & APAC, Advanced Certificate in Human Resource Management (ACHRM), Advanced Human Resource Management Program (AHRMP), Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions, Proposed Overtime Rule Scheduled to Be Published in May, New OSHA Guidance Clarifies Return-to-Work Expectations, Trump Suspends New H-1B Visas Through 2020, Faking COVID-19 Illness Can Have Serious Consequences, White House Takes Action Against Migrant Child Labor, How to Handle Overtime, Meal Break and Other Wage and Hour Crises. Comments, which must be submitted from Oct. 13 to Nov. 28, 2022, should be submitted online or in writing to the Division of Regulations, Legislation and Interpretation, Wage and Hour Division, U.S. Department of Labor, Room S-3502, 200 Constitution Ave. NW, Washington, DC 20210. 2022: Fall 2022 Rulemaking Comments. However, Schreter said, "I don't think they're going to give up on that.". Members may download one copy of our sample forms and templates for your personal use within your organization. Congress must also have keen insight of the administration's regulatory plans to assess its budget requests and operations. $("span.current-site").html("SHRM China ");
Survey Participation and Information Templates, CUPA-HR Welcomes a New Board of Directors for 2022-23. Access a collection of interactive online tools and presentations that address overtime pay requirements. The Biden administration has signaled its desire to return to the approach attempted in 2016. . Background on the new overtime proposal. The move would have entitled millions more employees to overtime pay, economists estimated, but it was halted when a federal judge. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} Webinar URL: https://www.complianceprime.com/details/980/new-proposed-overtime-rule-2022The Department of Labor will soon issue new . p.usa-alert__text {margin-bottom:0!important;} We anticipate the proposed new level will be higher. DOL had previously planned to release the proposed rule in October 2022. Once anticipated in the spring, the proposed rule will recommend how to implement the exemption of bona fide executive, administrative and professional employees from the Fair Labor . ET, Webinar #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) {
In the Fall 2021 Regulatory Agenda, the DOL's Wage and Hour Division (WHD) announced plans to issue an NPRM as early as April 2022 to address overtime pay requirements for certain white-collar employees.1 Since 1938, the Fair Labor Standards Act (FLSA or Act) has established the minimum wage and overtime pay Topics covered: HR management, compensation & benefits, development, HR tech, recruiting and much more. Learn more by reading fact sheets that cover a variety of overtime topics. These changes moved the threshold to $684 per week ($35,568 annualized) and allowed for up to 10% of non-discretionary bonuses to satisfy threshold requirements. Must be a Paid Member or a Free Trial Member to Access Content. The Act applies on a workweek basis. The United States Department of Labor ("DOL") is expected to propose a new salary threshold for various overtime exemptions under the Fair Labor Standards Act ("FLSA"). This final rule went into effect January 1, 2020, and it remains in effect today. Eliminating recruitment and hiring barriers. * * *On October 11, 2022, the U.S. Department of Labor released a proposed rule to update the test for determining whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor. The courts blocked this proposal shortly before it was scheduled for implementation. Agency: Department of Labor(DOL) Priority: Economically Significant RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage Major: Yes Unfunded Mandates: Undetermined CFR Citation: 29 CFR 541 Before sharing sensitive information, make sure youre on a federal government site. }); if($('.container-footer').length > 1){
This website uses cookies to understand your use of our website and to give you a better experience. In closing AMB applauds the substantial effort of the Department of Labor in overhauling these regulations. .usa-footer .container {max-width:1440px!important;} Consistent with the presidential memorandum, the DHS published a notice of proposed rulemaking on Sept. 28, 2021, to consider all issues regarding DACA, including those identified by the district court relating to the policy's substantive legality. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) {
NAM Vice President of Infrastructure, Innovation and Human Resources Policy Robyn Boerstling joined us to explain what's happening. 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. The DOL's proposed overtime rule would raise the minimum weekly pay threshold legally required to exempt salaried workers from overtime pay from $455 per week to the 40th percentile of earnings for full-time salaried workers. The Department of Labor remains committed to addressing the issue of misclassification.. Washington, DC 202101-866-4-US-WAGE1-866-487-9243, Administrator Interpretations, Opinion and Ruling Letters, Resources for State and Local Governments. The deadline to announce such changes was initially set for April 2022 but has since seen several delays. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. Now is a great time to put your "HR house" in order when it comes to accurate exempt/non-exempt classifications and earning thresholds. The DOL review and anticipated announcement represent a quick turnaround, given the previous update to overtime rules implemented in 2019 delivered the first substantive changes enacted since 2004. In November 2019, before it could take effect, a federal judge in Texas enjoined the new overtime rule on a nationwide basis, declaring it "unlawful.". Please understand that your communications with Locke Lord LLP through this website do not constitute or create an attorney-client relationship with Locke Lord LLP. overtime pay and the ability to organize into unions. [CDATA[/* >