Tag: overtime regulations

Time running out to comment on long-stalled overtime rule

Employers and others have until September 25 to submit comments to shape the rule governing which workers are eligible for overtime pay. Once the deadline passes, employers will face a waiting game before learning what changes may be in store. In late July, the U.S. Department of Labor (DOL) announced it was soliciting comments through […]

DOL seeking feedback on long-debated overtime rule

Employers will get the opportunity to offer feedback on changes to the regulation governing which workers are eligible for overtime pay after the U.S. Department of Labor (DOL) publishes a Request for Information (RFI) in the Federal Register on July 26. On July 25, the DOL announced it would publish the RFI and released a […]

DOL drops defense of overtime rules

by Susan Prince, JD, MSL The U.S. Department of Labor (DOL), headed by new Secretary of Labor Alexander Acosta, has decided not to defend the overtime rules finalized under the Obama administration. Instead, the DOL will seek to begin a new rulemaking process, likely with a lower salary threshold for overtime exemptions. Background A federal […]

Signaling end of overtime rule, DOL will seek public input on new regs

On June 7, Secretary of Labor Alexander Acosta said he will soon formally request the public’s input on new overtime regulations. The announcement signals that the U.S. Department of Labor (DOL) likely will drop its defense of former President Barack Obama’s overtime rule, according to one expert. A request for information (RFI) likely will be […]

‘Breathtakingly radical’: Acosta questions legality of any overtime threshold

President Donald Trump’s nominee for secretary of labor has questioned whether the U.S. Department of Labor (DOL) has the authority to set any salary threshold for overtime pay—not just the pending increase that would raise the threshold to $47,476. Alexander Acosta volunteered that concern twice during his March 22 confirmation hearing, despite no questions from […]


Trump’s DOL Will Address Overtime Rule by May 1

The federal government has been granted more time to figure out what to do about overtime regulations that remain in judicial limbo. A federal appeals court on February 22 granted the U.S. Department of Labor (DOL) its second extension in the proceedings, giving it until May 1 to take a position.


Beyond the Wall—Immigration, Employers, and the Trump Administration (Part 1)

When we consider which of the Trump administration’s policies will have the biggest effect on businesses and employers in the U.S., our sights are initially focused on those heavy hitting topics that were most uncertain as 2016 came to a close—the fates of the Affordable Care Act and the white collar overtime regulations, in particular.

Exceptions Timekeeping Is Legal—But It’s a ‘Horrible’ Idea

Employers would be wise to ignore the U.S. Department of Labor’s (DOL) regulations and guidance that permit exceptions timekeeping under the Fair Labor Standards Act (FLSA). The department says that the practice is fine, but experts warn that it sets employers up to violate another DOL mandate: “complete and accurate” time records.

Overtime rule update: District court won’t wait for appeals court’s ruling

On January 3, a federal district court judge said he won’t halt proceedings in the case challenging the U.S. Department of Labor’s (DOL) new overtime rules despite concurrent litigation in the U.S. 5th Circuit Court of Appeals. The rules, which were scheduled to take effect December 1, 2016, would have required employers to pay overtime […]

New York

New York Adopts Higher Salary Thresholds for Exempt Employees

by Charles H. Kaplan, Sills Cummis & Gross P.C. Employers in New York must increase the salaries of exempt executive and administrative employees by December 31 to meet the requirements of recently adopted regulations. Employers also must decide whether to increase exempt employees’ salaries each year to match annual increases required by the new regulations.