DOL Takes First Formal Step Toward Revising Overtime Rules

The Department of Labor issued a Request for Information last week to gather comments regarding the 2016 white-collar exemption regulations that raised the salary threshold for executive, administrative and professional workers from $455 per week ($23,660 per year) to $913 per week ($47,476 per year).
 
The DOL’s Request for Information (RFI) seeks additional public comment on the update to the salary threshold for white collar exemptions.  This is in line with an appellate brief filed earlier in July indicating that the agency was considering further revisions to the regulations, as well as statements by Secretary Acosta suggesting that while an increase in the salary threshold is appropriate, it should be lower than the $47,476 per year created by the 2016 regulations.
 
The RFI seeks feedback on eleven questions related to the salary level test, the duties test, varying cost-of-living across the U.S., inclusion of non-discretionary bonuses and incentive payments to satisfy a portion of the salary level, the salary test for highly compensated employees, and automatic updating of the salary level tests.  The questions are the agency’s attempt to determine whether the salary level set in the 2016 rule is effective in identifying exempt employees.  If not, the DOL wants to understand whether a different salary level would be more appropriate and how it should go about setting it.
 
The comment period is open until September 25, 2017.  Comments may be submitted electronically at http://www.regulations.gov.