Last week, the Wage and Hour Division of the US Department Of
Labor issued a 219-page Notice of Proposed Rulemaking (NPRM)
and accompanying FAQs regarding the regulations
defining who is a "white collar" overtime exempt
employee.
As a reminder, the white collar exemptions include the
Executive, Administrative, and Professional exemptions. To be
covered by the exemption, an employee must be (a) paid a salary for
all hours worked; (b) the salary must exceed a minimum threshold;
and (c) the employee's position must satisfy a
"duties" test that varies by exemption.
In a nutshell, the most significant parts of the proposed
regulations are:
- An increase the minimum threshold
salary to be exempt from $455 per week to $679 per week (or $35,308
per year);