Overtime Proposal Published, Public Comments Sought

The Department of Labor (DOL) today published a Notice of Proposed Rulemaking (NPRM) regarding its overtime initiative in the Federal Register, opening a 60-day window for the public to offer comments, which will end May 21. Earlier this month, the DOL sent a draft of the proposed rule to the Office of Management and Budget […]

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It’s Official: DOL Proposes Overtime Threshold of $35,308 a Year

The Department of Labor (DOL) today announced a Notice of Proposed Rulemaking (NPRM) that would make more than a million more American workers eligible for overtime, according to its estimates. Under currently enforced law, employees with a salary at or below $455 per week ($23,660 annually) must be paid overtime if they work more than […]

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New Overtime Threshold Purported to Be $35K a Year

With a Notice of Proposed Rulemaking (NPRM) expected this month on new overtime regulations from the Department of Labor (DOL), Bloomberg Law is reporting that the threshold for exemption from overtime pay will rise from the current $23,660 to $35,000 a year. The threshold originates in the Fair Labor Standards Act (FLSA), which created overtime […]

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New Overtime Rule Reportedly Sent to White House

The long-anticipated rewrite of the Obama-era overtime rule has been submitted to the White House and its Office of Management and Budget (OMB) for review prior to the issuance of a Notice of Proposed Rulemaking (NPRM), it has been reported. This Trump-era rule is expected to set the salary threshold at which employees can be […]

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Proposed New Overtime Rules Now Due in March

The Department of Labor (DOL) initially said it expected to release a Notice of Proposed Rulemaking (NPRM) on overtime in January, but in its just-released fall regulatory agenda, that date has been pushed back until March. The agenda says the NPRM “will propose an updated salary level for exemption and seek the public’s view on […]

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DOL to Push Overtime Rulemaking Back into 2019

In its latest regulatory agenda, the Department of Labor (DOL) confirms that its effort at creating a new overtime rule to replace the one now under a nationwide injunction is being pushed into 2019 from its original October 2018 deadline. In late November 2015, a federal district judge put a temporary hold on the Obama […]

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Paid Overtime for Sleeping on the Job?

It’s an issue that California has somewhat definitively solved, but one with which the nation’s courts have struggled: If your work requires you to sleep on the job, are you thereby eligible for minimum wage, if not overtime, during your non-waking hours? A case in Connecticut involving caretakers who sleep at the homes of their […]

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SCOTUS Rejects Obama DOL Overtime Interpretation

In a win for auto dealerships, the Supreme Court has ruled 5-4 that “service advisers” — those individuals who advise customers on which type of servicing or repair is needed on their car — are exempt from overtime. The Department of Labor (DOL) in 2011 ruled that they are overtime eligible, even though the Fair […]

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Chipotle Workers Challenge Overtime Rule Injunction — and Now Must Pay

A group of Chipotle workers in New Jersey filed suit to be paid under the Obama overtime rule that raised the exemption threshold to $47,476 a year, and U.S. District Judge Amos Mazzant — who issued a permanent injunction against the rule — wasn’t too pleased. He ordered them to go back to work and […]

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DOL Launches Voluntary FLSA Violations Reconciliation System

The Wage and Hour Division (WHD) of the Department of Labor (DOL)  has announced a new nationwide pilot program, the Payroll Audit Independent Determination (PAID) program, which facilitates resolution of potential overtime and minimum wage violations under the Fair Labor Standards Act (FLSA). The program’s primary objectives are to resolve such claims expeditiously and without […]

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