Please purchase a SHRM membership before saving bookmarks. Overtime Proposed Rule Release Planned in May, ISO/TC 260 HR Management and HRCI Global Standards Leadership, HRCI Certification for Military HR Personnel. View our privacy policy, privacy policy (California), cookie policy, supported browsers and access your cookie settings. Partner Russell Bruch spoke to HR Today about a proposed US Department of Labor overtime rule expected to lead to increased eligibility for overtime pay. The new proposal is likely to be issued in the near future and could be issued as early as this month. The Overtime Rule. The move would have entitled millions more employees to overtime pay, economists estimated, but it was halted when a federal judge. Affiliate of the Society for Human Resource Management, Home Blog 2022 DOLS PROPOSED OVERTIME RULE. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } 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. Employers can change that, Twin Cities hospital workers call out racism, demand change from employers, Top 10 Workplace Trends for Thriving Work Environments, Caregiving Support: A Smart Investment for Employers in an Uncertain Economy, 5 Workplace Gaps Employers Cant Afford to Ignore, Top Compensation Sins HR Execs Must Avoid, Rethinking Population Health and the Intersection of the Primary Care Experience, NLRBs severance ruling has broad implications for employers. DOL had previously planned to release the proposed rule in October 2022. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} According to the IRS, the standard mileage rate for business use is based on an annual study of the fixed and variable costs of operating an automobile. Feel free to contact us if you have questions about this matter. Must be a Paid Member or a Free Trial Member to Access Content. "Some commentators, though, believe that the administration may go the distance this time and look toward conforming the federal rules to more closely reflect the California standards," he said. 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. This website uses cookies to understand your use of our website and to give you a better experience. Your session has expired. An agency within the U.S. Department of Labor, 200 Constitution Ave NW That salary threshold had been set at $23,600 ($455 per week) since 2004, and DOL sent shockwaves through the employment community when it proposed and finalized a rule to more than double that number, upping the threshold to $47,476 threshold ($913 per week). Let HR Dive's free newsletter keep you informed, straight from your inbox. Section 13(a)(1) of the FLSA, codified at 29 U.S.C. Trumps DOL then revisited the threshold, agreeing that an increase was needed, but one far below the rate Democrats had planned. Supreme Court: Salary, Not Daily Pay, Required for FLSA Overtime Exemptions. A vast majority of organizations across numerous industries face potential compliance and monetary impacts if the legislation passes. The overtime rule was first slated for April 2022 and then for October 2022, so another delay would not be unusual. #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;} Members please Login here to view the article. Please press Ctrl/Command + D to add a bookmark manually. Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. .manual-search-block #edit-actions--2 {order:2;} 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. Virtual & Washington, DC | February 26-28, 2023. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Typically, these semi-annual agendas are issued in the spring and fall and outline federal agency goals for the months ahead. On June 21, the Biden administration released the anticipated Spring 2022 Unified Agenda of Regulatory and Deregulatory Actions (Regulatory Agenda), providing the public with a detailed glimpse into the regulatory and deregulatory activities under development across approximately 67 federal departments, agencies and commissions. Last fall, the DOL said it would propose new overtime rules - which are expected to raise the minimum salary for most overtime-exempt employees and possibly update the . }. The most recent regulatory agenda set the date at May 2023. . The FTC stated that the proposed rule would apply to employees, independent contractors, and volunteers. 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. In 2016, the Labor Department under President Obama had proposed a salary basis threshold of $47,476/year, which was invalidated by a District Court and the lawsuit was withdrawn by the Trump Administration. DOL's Wage and Hour Division plans to develop and release a notice of proposed rulemaking . .cd-main-content p, blockquote {margin-bottom:1em;} United States Department of Labor Washington, DC 20210 Re: Overtime Regulations Proposed in the Fall 2021 Regulatory Agenda Dear Acting Administrator Looman: . Specifically, the proposed rule would do the following: The department is responsible for ensuring that employers do not misclassify FLSA-covered workers as independent contractors and deprive them of their legal wage and hour protections. 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 . The US Department of Labor (DOL) now intends to propose new Fair Labor Standards Act (FLSA) overtime rules this October, six months later than originally planned. By NAM News Room May 6, 2022 2:45pm. After a new overtime rule is proposed, the public will have at least 30 days to comment on it before the DOL can issue a final rule. 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. However, the district court temporarily stayed its order with respect to most individuals granted deferred action under the DACA policy on or before July 16, 2021, including with respect to their renewal requests. The federal rules governing overtime pay were established by the Fair Labor Standards Act (FLSA), which also described which workers are exempt from . Effective Jan. 1, 2020, the federal minimum salary threshold increased to $684 a week. Conversely, there is nothing stopping the DOL from issuing new rules before its target dates, either. On Jan. 4, the Biden administration released its long-awaitedFall 2022 Unified Agenda of Regulatory and Deregulatory Actions. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. Please log in as a SHRM member. The deadline to announce such changes was initially set for April 2022 but has since seen several delays. Learn more by reading fact sheets that cover a variety of overtime topics. These factors include the investment, control and opportunity for profit or loss factors. Changes to overtime pay requirements have beenimplementedthrough regulations under both the Obama and Trump administrations. Employment and Training Administration Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, In October 2022, DOLs Employment and Training Administration (ETA) plans to issue an NPRM to establish a new wage methodology for setting prevailing wage levels for H-1B/H-1B1/E-3 and PERM programs consistent with the requirements of the Immigration and Nationality Act. The proposal will likely amend the Trump administrations final rule that was scheduled to take effect on November 14, 2022, but was subsequently vacated by a federal court in June 2021. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} The DOL has set a new deadline for overtime threshold increases. The U.S. Department of Labor (DOL) recently announced its intent to update the salary level threshold for "white-collar" exemptions to parts of the Fair Labor Standards Act, a regulatory change that could significantly affect community colleges. Protecting vulnerable workers and persons from underserved communities from employment discrimination. Align the departments approach with courts FLSA interpretation and the economic reality test. Generally, the rule applies to any salaried worker who does not supervise other workers and makes less than $684 a week . [CDATA[/* >