The Department of Labor recently issued three proposed rules which could affect exemptions from the overtime requirement, the regular rate for overtime calculations, and joint employer status.
- Exemptions: The proposed rule would increase the annual compensation for a highly compensated employee from $100,000 to $147,414 per year. The proposed rule would also increase the standard salary for overtime from $455 per week to $679 per week. Public comments must be submitted before May 21, 2019. The proposed rule can be found here.
- Regular Rate: The proposed rule would provide clarification regarding perks and benefits which may and may not be calculated into an employee’s regular rate for purposes of calculating overtime. Public comments must be submitted before May 28, 2019. The proposed rule can be found here.
- Joint Employer Status: The proposed rule would include a four-factor balancing test for determining joint employer status. The proposed rule would meaningfully revise a DOL regulation (29 CFR §791), which has not been revised since its promulgation in 1958. The proposed rule has not yet been published in the Federal Register, therefore, the public comment period has not commenced.
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