Checking Off USDOL's Regulatory Agenda

While stakeholders await final regulations on the white-collar exemptions (a/k/a Overtime Rule 2.0), regular rate, and joint employment, WHD has started sending the White House more proposals – first tackling tips and the tip credit and followed closely by fluctuating workweek.  Based on our experience with prior changes and the time and resources that employers must invest beforehand, employers need to begin the process ASAP.

Three (Initial) Steps You Should Take Right Now

• White-Collar Exemptions: Though the exact figure and effective date still are under wraps, employers should be evaluating the 2020 pay structure for any exempt-classified employees under $600/week (if not $700 to minimize the chances of having to cast a wider next month). There is unlikely to be much advance notice of the specifics given the, comparatively, insignificant increase and that even the proposed rule cured many of the defects in Overtime Rule 1.0.