/*-->*/. Topics covered: Talent acquisition, diversity and inclusivity in hiring, employer branding, performance evaluations and more. Federal authorities plan to propose new overtime and joint employment regulations in the new year, among other updates, according to regulatory agendas published Friday. In June, Secretary of Labor Marty Walsh mentioned to the House Education and Labor Committee that the Department of Labor (DOL) was reviewing the current salary threshold for overtime and may update the level based on its findings. to put forward a threshold equivalent to the 55th percentile of full-time, salaried wage earners in the U.S. The DOL and NLRB notices represent the latest update in a years-long debate on both topics, and neither comes as a surprise. Please enable scripts and reload this page. WHD will continue to enforce the 2004 part 541 regulations through December 31, 2019, including the $455 per week standard salary level and $100,000 annual compensation level for Highly Compensated Employees. How to Make the Best Out of Your Employees Inventions Applicable Rules and Best Practices for Global Companies, Key Changes Are on the Horizon for Retirement Plans, McDermott IP Focus (Japan) 2023 - Life Sciences Session: Pharma Brands v. Generics: Developments Affecting the Balance Between Exclusivity and Market Entry, The Final CCPA Regulations: What You Need To Know. However, Schreter said, "I don't think they're going to give up on that.". Exempt vs Non-Exempt Non-exempt employees fall under FLSA federal court in Texas held to be invalid, set the salary threshold at $47,467 per year. DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. From 2014 to 2017, Hewitt worked for Helix on an offshore oil rig, about 84 hours a week. Federally Recognized Holidays, Employer Considerations for DOLs New AEWR Rule. The National Labor Relations Board (NLRB) indicated in the spring regulatory agenda its intention to consider addressing the following topics using the rulemaking process in the future: The board announced it would be revising the union representation election procedureswith a focus on the amendments issued in 2020. On July 16, 2021, the U.S. District Court for the Southern District of Texas vacated the June 2012 memorandum that created the DACA policy and permanently blocked the DHS from administering the DACA program and from reimplementing DACA without compliance with the Administrative Procedure Act. $(document).ready(function () { Strictly Confidential? An employer must comply with the more restrictive provision when federal and state law differ. These roles are typically based on a yearly salary whereas nonexempt workers are usually hourly. | 2 p.m. InHelix Energy, the employee undisputedly performed duties qualifying for the executive exemption and was paid enough to qualify as overtime exempt if his pay method qualified as a salary basis. The company paid him on a daily-rate basis, with no overtime compensation. Over the course of his employment, the employees pay ranged from $963 to $1,341 per day. Lee Schreter, an attorney with Littler in Atlanta, said she wouldn't be surprised if the DOL tightens up the administrative exemption. In a regulatory agenda published on December 10, the Department of Labor announced its intention to review and update Fair Labor Standards Act regulations regarding the overtime threshold. Employers who pay daily rates to employees currently classified as exempt should closely evaluate their pay structures to ensure compliance with this new decision. If you earn more then the New Jersey minimum wage rate, you are entitled to at least 1.5 times your regular hourly wage for all overtime worked. GT's The Performance Review Episode 19: Is the Fight Over AB 51 5 Reasons Community Associations Need an Attorney That Specializes in New York Proposes Regulatory Review and Approval of Material Health CMS Issues Long-Awaiting Medicare Advantage RADV Final Rule, Preventing the Use of Cryptocurrencies to Evade Sanctions. However, "do not think, 'I'm not on the list, I'm fine,' " she cautioned. Civil monetary penalties are available against employers, managers or supervisors who take tips earned by their employees. The content and links on www.NatLawReview.comare intended for general information purposes only. Later that year, DOL, Its unclear just what threshold the Biden administration may propose. Many expect the DOL to increase the threshold from its current minimum OSHA aims to complete a final rule by September. ol{list-style-type: decimal;} Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. "That's high," McCutchen noted. var temp_style = document.createElement('style'); else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Telephone and Texting Compliance News: Regulatory Update February 2023. The Basics of Californias Outside Salesperson Exemption. : Employer can sue New York over abortion anti-discrimination law. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials. The specific requirements for the computer employee exemption are summarized below. .table thead th {background-color:#f1f1f1;color:#222;} This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. If you would ike to contact us via email please click here. DOL appealed the judges decision but, the Trump administration dropped the case. The policy directed U.S. The Supreme Courts decision is a good reminder to employers to review compliance with overtime exemption requirements under the FLSA and state law. The final rule is available at: https://www.federalregister.gov/documents/2019/09/27/2019-20353/defining-and-delimiting-the-exemptions-for-executive-administrative-professional-outside-sales-and. The law has helped hundreds of millions of workers in its relatively short history. SHRM Employment Law & Compliance Conference, federal court in Texas held to be invalid, managing the enterprise or a department or subdivision of the enterprise, include the exercise of discretion and independent judgment, reinstated a Trump-era independent contractor rule, New OSHA Guidance Clarifies Return-to-Work Expectations, Trump Suspends New H-1B Visas Through 2020, Faking COVID-19 Illness Can Have Serious Consequences, White House Takes Action Against Migrant Child Labor, How to Handle Overtime, Meal Break and Other Wage and Hour Crises. anticipated proposed overtime rule would be issued in May rather than April, as the U.S. Department of Labor (DOL) originally forecast in WebTo classify someone as exempt from FLSA, employers have to ensure all of the legal qualifications are met. Minimum Wages Are On the Rise in Several States. *Note: The Department of Labor revised the regulations located at 29 C.F.R. WebWhile details of the 2022 proposed changes are forthcoming, organizations should prepare now to address pending challenges and associated opportunities. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} One other item that may be in play is the duties test, Boonin added. $("span.current-site").html("SHRM China "); Find the latest news and members-only resources that can help employers navigate in an uncertain economy. Words With Friends, Part 1: Insurance Requirements and Contracts, Legislator Proposes To Expand CFL To Encompass "Commercial CERCLA PFAS Scope May Broaden To Many More PFAS, AI Avatar App is the Latest Target of BIPA Class Action Litigation. Please log in as a SHRM member before saving bookmarks. US Executive Branch Update February 27, 2023. He writes about HR, compliance, and benefits solutions. A combination of the aforementioned duties, the performance of which requires the same level of skills. .manual-search-block #edit-actions--2 {order:2;} She noted that six 90-minute meetings have been scheduled with stakeholders from March 8 to April 6: three meetings with unions and worker advocates, plusthree more with industry groups, including one with SHRM. NLRA joint employment liability has seen similar debate in recent years. However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. The Next Chapter for Reforming the FLSA White-Collar Overtime Exemptions: The Trump Administrations Proposal for a New Salary Threshold - Buchalter Law Firm, Federal Judge Blocks Department of Labors Overtime Rule, Time to Act - Employers Have Fewer than Six Months to Comply With New Federal Overtime Exemption Rule, Supreme Court Decision Impacts FLSAs Overtime Rules, 2023 Filing Requirements and Contribution Limits for California Major Donors, Helix Energy Solutions Group Inc v Hewitt No 21-984. The DOL regulations permit employers to apply nondiscretionary bonuses, incentives, and commissions to satisfy up to 10% of the salary level. "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. The contents of this document do not have the force and effect of law and are not meant to bind the public in any way. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. White House Reviewing Proposed Regulations on Reinstated Superfund You Dont Need a Machine to Predict What the FTC Might Do About Is It Compensable?