U.S. Department of Labor’s Overtime Proposed Rulemaking Open for Public Comment

Friday, March 22, 2019

The Office of the Federal Register has published the U.S. Department of Labor’s Notice of Proposed Rulemaking that would make more than a million more American workers eligible for overtime under the Fair Labor Standards Act (FLSA).

Under current law, employees with a salary below $455 per week ($23,660 annually) must be paid overtime if they work more than 40 hours per week. Workers making at least this salary level may be exempt from overtime based on their job duties. This salary level was set in 2004. The proposal would boost the proposed standard salary level to $679 per week (equivalent to $35,308 per year). The proposal does not include any changes to the job duties tests.

The official publication in the Federal Register marks the start of the proposal’s public comment period, which will remain open for 60 days and close on May 21, 2019.

More information about the proposed rule is available at www.dol.gov/whd/overtime2019. The Department encourages any interested members of the public to submit comments about the proposed rule electronically at www.regulations.gov, in the rulemaking docket RIN 1235-AA20. Comments must be received by May 21, 2019 to be considered.

Please contact any of the attorneys below from our labor and employment practice group if you have any questions.

 

Richard J. Andino
S. Alexander Berlucchi
Melinda B. Bowe
John R. Langey
Christopher M. Militello
Michael A. Tremont

 

This communication is not intended to serve as legal advice.
This alert may constitute Attorney Advertising.




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