News Dept. of Labor announces proposed change to OT salary threshold

The U.S. Department of Labor’s Notice of Proposed Rulemaking (NPRM) to raise the overtime exemption has been published in the Federal Register, opening a 60-day public comment period.

The proposal would raise the salary threshold of workers eligible for overtime from the current $455 to $679 per week, which is equivalent to $35,308 annually. It represents a middle ground from the 2016 Final Rule change that would have nearly doubled the current salary standard.

You can read the proposed overtime rule here. The Council encourages members to submit comments on the proposed overtime changes. You can submit comments here. Public comments will be accepted through May 21, 2019.

The 2016 Final Rule was enjoined by the U.S. District Court for the Eastern District of Texas in late 2016, and the appeal has been held in abeyance U.S. Court of Appeals for the Fifth Circuit since 2017.

Prior to issuing the new proposal, DOL held six listening sessions around the country, including one in Providence attended by Council staff, and received more than 200,000 comments as part of a 2017 Request for Information.

If you have questions about the DOL Overtime Rule, please email Bill Yelenak at or call him at 617.428.3637 x122.

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