image
image
image

ISCPA DOL Overtime Rules Resources

We are diligently monitoring this topic and working to keep you informed and will continue to update this page as information becomes available.

Posted - 11.28.16

A federal judge blocked President Obama's overtime rule. Judge Amos L. Mazzant III of the U.S. District Court for the Eastern District of Texas issued a preliminary injunction Nov. 22, temporarily blocking the Dec. 1 implementation of the new rules.

The injunction doesn't kill the rule changes. It simply halts them from becoming effective on December 1, the original compliance deadline. Whether or not the rule changes take effect, and when, will be determined at a later date in court. The injunction sets the stage for a future court battle, during which the judge will rule on the merits of the states' and business groups' lawsuit against the DOL.

Posted - 7.7.16

ISCPA has recorded a complimentary 1-hour webinar that will qualify for CPE for our members on this topic. Click here to view details and register for this webinar.



Posted - 6.20.16

DOL Webinar Recordings - NO CPE CREDIT

Client Alert from Pillsbury LLP - this document includes "Next Step for Employers"
This document does not represent ISCPA - it is provided as a source of information for consumers to consider - it should not be taken as legal advise



Posted - 5.27.16

Department of Labor Announces Overtime Rule - written by Hawley Troxell



Posted - 5.20.16

On May 18, the Department of Labor released - Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees

    Highlights of the final rule include:
  • An increase in the standard exemption from $455/week to $913/week or approximately $47,476 per year (40th percentile of lowest-wage census region)
  • An increase in the highly compensated employee threshold from $100,000 per year to $134,004 per year (90th percentile of national workers)
  • Both exemptions will be tagged to the 40th percentile and 90th percentile, respectively, and automatically increase every three years
  • The rule provides no consideration for seasonal spikes in work and the use of “comp time” to compensate for increased work load in busy season.
  • There were no changes to the duties test
  • These changes will be effective December 1, 2016.

Chart Outlining the Rule Changes by Worker Type:

Worker

Type

Current Threshold

Proposed Rule

Final Rule

Changes from Current

Hourly

Nonexempt

No change

No change

No changes

Salaried: Executive, Administrative Professional (EAP or “white collar” exemption)

More than

$23,660

Exempt

More than

$50,440

Exempt

More than

$47,476

Exempt

101% increase in threshold

Less than

$23,660

Nonexempt

Less than

$50,440

Nonexempt

Less than $47,476

Nonexempt

Salaried: Highly Compensated Employee (HCE)

Less than

 $100,000

Nonexempt

Less than $122,148 per year

Nonexempt

Less than $134,004

Nonexempt

34% increase in threshold

More than $100,000

Exempt

More than $122,148

Exempt

More than

$134,004

Exempt

Salaried: Neither

Nonexempt

No change

No change

No changes

 

Links to Several DOL Publications Related to the Final Rule

  • Final Rule Link: here
  • DOL Fact Sheet: here
  • DOL Overview and Summary: here
  • DOL Frequently Asked Questions Page: here
  • DOL White Paper/Fact Sheet on Non-Profit Sector: here
  • DOL’s Guidance for Businesses: here
  • DOL’s Guidance for Non-Profit Sector: here
  • State-by-State Breakdowns of Workers Affected by DOL’s Final Overtime Regulation here
  • Comparison Table: Current Regulations, Proposed Rule, and Final Rule here

Partnership to Protect Workplace Opportunity’s Comment Letter, September 4, 2015

Idaho Congressman Simpson Opposes Onerous Rule from Department of Labor

 


image