As we reported last month, the Department of Labor (DoL) is moving forward with its proposed changes to the Wage & Hour Division’s Fair Labor Standards Act (FLSA) overtime regulations. In mid-March the Department sent its draft of a final rule to the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) for their required review. This was the next step toward promulgation of a final rule.
The Current State of Play – Content:
Late last week, Politico reported that DoL has moved to a slightly lower threshold salary in the final rule ($47,000) than was set forth in the proposed rule (50,400). The slightly-lower proposed salary threshold is the only change we know of in the rule DoL sent to OMB.
We do not know what action OMB will take – whether they will approve the rule now before them or instead recommend changes in the rule in response to the extensive comments they have received and meetings they have had in recent weeks. Read more on this update
