The U.S. Department of Labor has announced, via a
regulatory agenda, that the proposed regulations implementing
changes to the minimum salary for the white-collar exemptions, now
commonly referred to as the "overtime rule", will not be
released until March 2019. Suffice it to say, USDOL has a lot
of
proposed regulations on its plate that have not yet been
released, and therefore, the three-month delay (which easily could
be extended) is not surprising.
What is somewhat surprising is that USDOL is moving forward with
adding another major item and expects to issue that proposed
rule first. Specifically, its regulatory agenda stated
that USDOL "will propose to clarify the contours of the joint
employment relationship" under the FLSA. As employers
likely remember, USDOL rescinded its previous Administrator's
Interpretation on joint employment a few years ago, and the
issuance of proposed regulations on this subject may be a welcome
addition to help clarify when