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ARTICLE · 21 MARCH 2019

FLSA Double Time

Last week, the Wage and Hour Division of the US DoL issued a 219-page Notice of Proposed Rulemaking and accompanying FAQs regarding the regulations defining who is a "white collar" overtime exempt employee.

United StatesEmployment and HR

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:

  1. An increase the minimum threshold salary to be exempt from $455 per week to $679 per week (or $35,308 per year);

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