Overtime exemption rule now coming in July 2016?

NOTE FROM ROBIN: Ellen Kearns is head of our Boston Office and co-chair of the firm's Wage-Hour Practice Group.

The new overtime white-collar exemption rule will be issuedEllen Kearns approximately July 2016, according to the U.S. Department of Labor's fall 2015 regulatory agenda, which the Office of Management and Budget published just before Thanksgiving.

I had earlier reported that Patricia Smith, Solicitor of Labor, had said at the annual labor and employment meeting of the American Bar Association in October that the rule might not be issued until “late 2016.”

The DOL’s proposed rule, issued on June 30, would raise the salary threshold for exemption from the current $23,660 to $50,440. Although the DOL did not propose changes to the “duties” test, the agency did invite comments on that topic, indicating that its mind was still open.

We will continue to keep you informed of all developments.

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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