DOL Seeks Input Before Issuing New Proposed Rulemaking On The White Collar Exemptions

On July 25, 2017, the Department of Labor's Wage and Hour Division announced its intent to publish a Request for Information (RFI) seeking input from the public before issuing revised proposed overtime exemption regulations to address, most significantly, the minimum salary level required for exempt status. These regulations apply to workers employed in an executive, administrative or professional capacity, and meet specific criteria relating to salary basis, salary level and job duties. The regulations, codified at 29 C.F.R. part 541, are referred to as the "white collar" exemptions.

Section 13(a)(1) of the Fair Labor Standards Act (FLSA) expressly delegates to the Secretary of Labor the power to define and delimit the terms of the Act through regulation. In 2016, the Department revised the regulations to increase the salary level for overtime-exempt employees from $455 per week to $913 per week. The Department also established a mechanism for automatically