The U.S. Department of Labor on March 1 sent the White House Office of Management and Budget a final rule for review relating to overtime exemptions for employees performing executive, administrative, and professional (EAP) duties under the federal Fair Labor Standards Act. The U.S. Department of Labor (DOL) issued a proposed rule on this subject in September 2023 and accepted comments through early November. As proposed, the rule would greatly increase the standard salary level required for exemption of EAP employees and establish a system for automatically updating these thresholds regularly.
This LeadingAge article provides background on the proposed rule, along with a summary of the comments LeadingAge submitted to the Department, voicing concern about the size of the proposed increase. We do not know when DOL will publish the final rule, but OMB review is the final step in the rulemaking process. LeadingAge will monitor closely for release of the final rule and provide analysis for members when it emerges.
