Update Applicable to:

All employers

What happened?

The U.S. Department of Labor (DOL) recently announced in the spring regulatory agenda that it will issue the proposed overtime rule in August 2023.

What are the details?

Employers should keep in mind that regulatory agendas are the agencies’ predictions of when rules will be issued and aren’t set in stone. The DOL has been announcing the release of a proposed overtime rule as far back as last year. Given the current status of the President’s nominees for both the Secretary of Labor and the Wage and Hour Division (WHD) Administrator, further pushback of this date certainly seems possible.

It’s possible the proposed rule will include increases to the exempt salary threshold based on the consumer price index, or increased pursuant to the normal rulemaking process. Additionally, the DOL may also make changes to the duties test in determining whether or not an employee meets the exemption requirements.

The agency has yet to disclose any specific details of the rule’s content and proposed changes.

For more information, please see the links below:

Spring 2023 Regulatory Agenda

RIN 1235-AA39

Article 1, Article 2

What do employers need to do?

Employers should review the above links and stay attentive for any updates coming in August.

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.