Hey Compliance Warriors!
On Friday, January 11th, the U.S. Department of Labor sent proposed changes to the white-collar exemptions (Overtime Rule) to the Office of Management and Budget! What does this mean? Read on…
USDOL has now submitted a proposed rule for review by the federal Office of Management and Budget (OMB). Neither OMB nor USDOL has provided any information regarding the content of the proposal.
We don’t know exactly how long OMB’s evaluation will take. The agency commonly completes its assessments in about 90 days. If OMB approves the proposal for publication in the Federal Register, then USDOL will likely release the proposal for a public-comment period of 60 days. This is on target with the DOL’s regulatory agenda, which anticipated that the proposed overtime rule would be released in March 2019.
So, while we are waiting we can speculate:
- A new salary threshold will likely end up in the $30,000s,
- May or may not include some of the controversial provisions proposed by the prior administration, and
- May not likely modify the duties-tests – but that remains to be seen.
The Bottom Line
It looks like USDOL is holding true to its latest deadline of March 2019, but there we don’t have a Rule until we have a Rule. So, as you read the headlines in the coming weeks, keep in mind that USDOL has not yet revised the regulation or withdrawn any part of it and IF this process delays and President Trump is not re-elected, the 2016 Rule may still be implemented.
Until Next Time, Be Audit-Secure!
Lisa Smith
