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Comments Requested for Proposed Regs to Raise Salary Threshold for  'White Collar' Exemption

BY: APA Staff | 03/22/19

The U.S. Department of Labor (DOL) has issued proposed regulations that would increase the minimum salary level for the Fair Labor Standards Act (FLSA) “white collar” exemption from $455 to $679 per week (or $23,660 to $35,308 per year) beginning on January 1, 2020 [84 F.R. 10900, 3-22-19].

The white collar regulations implement exemptions from the FLSA’s minimum wage and overtime pay requirements for executive, administrative, professional, and certain other employees. The overtime threshold was last updated in 2004. A 2016 final rule that would have increased the overtime threshold to $913 per week was invalidated by a court order.

On March 7, the DOL announced the proposed rule and that it would be published in the Federal Register.

Public Comments Requested

The DOL considered a significant number of public comments and conducted listening sessions around the country as it developed the proposed changes and is requesting further public comment on the proposed regulations.

Comments must be submitted to the DOL by May 21, 2019, and may be sent electronically through the Federal eRulemaking Portal. Submissions must include “DOL” and RIN 1235-AA20. Comments can be mailed to the DOL at the address in the Federal Register.

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