.dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} ("WHD") plans to develop and release in April 2022 a Notice of Proposed Rulemaking ("NPRM") on "the exemption of bona fide executive, administrative, and professional . var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); That salary threshold had been set at $23,600 ($455 per week) since 2004, and DOL sent shockwaves through the employment community when it proposed and finalized a rule to more than double . Please log in as a SHRM member before saving bookmarks. The new proposal, which is included in the Departments Statement of Regulatory Priorities, will take into consideration the feedback it received in response to aRequest for Information (RFI) on data and methods for determining prevailing wage levels to ensure fair wages and strengthen protections for foreign and U.S. workers.. You have successfully saved this page as a bookmark. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Revert to the longstanding interpretation of the economic reality factors. The proposed changes will impact Employers and employees. | 1 p.m. "If any of these issues make their way into new regulations in any significant way, litigation is assured.". In the spring regulatory agenda, the U.S. Department of Homeland Security (DHS) announced that it plans to issue a final rule on Deferred Action for Childhood Arrivals (DACA) in August. "Thus, it is premature to make internal changes to pay policies in anticipation of the rulemaking. State law requires [] Reposted with permission. $('.container-footer').first().hide(); A Davis-Bacon Act final rule is now scheduled for December. OIRA is the White House office responsible for reviewing regulations and proposed regulations before they are publicly released and generally takes 30-90 days for this review, indicating ICE is on target to issue their proposal in July. The move would have entitled millions more employees to overtime pay, economists estimated, but it was halted when a federal judge enjoined the rule just days before it was set to take effect. Topics covered: National employment laws, harassment, accommodations, training, and more. The DOL promised to consider this feedback and may make changes to its draft rule before publishing a final version. The current Final Rule on Overtime has been in effect since Jan. 1, 2020, and, at the time of its implementation, made 1.3 million American workers newly eligible for overtime. You have successfully saved this page as a bookmark. The Overtime Rule. 96% of members agree: "SHRMs information is very useful to me". } Misclassification is a serious issue that . In . In July 2022, the National Labor Relations Board (NLRB) is planning to release an NPRM to potentially amend the standard determining when two employers may be considered joint employers under the National Labor Relations Act. The Trump administration implemented the last increase from $23,660 per year to $35,568 per year in 2019. var currentUrl = window.location.href.toLowerCase(); proposed changes. Any information you send to Locke Lord LLP through this website is on a non-confidential and non-privileged basis. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} Many of these pending and future rulemakings outlined above are expected to face scrutiny via congressional oversight in the newly Republican-controlled House of Representatives. DOL's Wage and Hour Division plans to develop and release a notice of proposed rulemaking . Its latest regulatory agenda lists May 2023 as the target date for two key Fair Labor Standards Act (FLSA) developments: a proposed overtime rule and a final independent contractor rule. Misclassification is a serious issue that denies workers rights and protections under federal labor standards, promotes wage theft, allows certain employers to gain an unfair advantage over law-abiding businesses, and hurts the economy at-large. Regardless of the ultimate increase in the salary level, employers who rely on the white-collar exemptions should be on notice of potential changes. A new overtime rule from the U.S. Department of Labor is likely to change some of the existing rule's white-collar exemptions. The EEOC reported that in resolving the lawsuit, the employer agreed to a two-year consent decree; will pay the former employee $47,500 in monetary damages; train its employees on the ADA; make changes to its employment policies; and allow the EEOC to monitor how it handles future requests for accommodation. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. In 2016, a proposed change would have moved the salary threshold from $455 per week ($23,660 annualized) to $913 per week ($47,476). Consulting and insurance brokerage services to be provided by Gallagher Benefit Services, Inc. and/or its affiliate Gallagher Benefit Services (Canada) Group Inc. Gallagher Benefit Services, Inc. is a licensed insurance agency that does business in California as "Gallagher Benefit Services of California Insurance Services" and in Massachusetts as "Gallagher Benefit Insurance Services." Copyright 2023 HRCI. By: Jenny R. Yang February 28, 2023. [CDATA[/* >