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US Department of Labor Publishes Overtime Proposed Rule – Updated with PCCYFS Comments (11.3.2023)

11/3/2023 UPDATE: PCCYFS has submitted its public comments to DOL on November 3, 2023. Read the PCCYFS comments here. The US Department of Labor (DOL) has published in the Federal Register

11/3/2023 UPDATE: PCCYFS has submitted its public comments to DOL on November 3, 2023. Read the PCCYFS comments here.

The US Department of Labor (DOL) has published in the Federal Register a proposed rule that will  increase to the Fair Labor Standards Act’s (FLSA’s) annual salary-level threshold to $55,068 from $35,568 for white-collar exemptions to overtime requirements. The Department also is proposing automatic increases every three years to the overtime threshold. DOL describes the outcomes of the proposed rule to include:

  • Restore and extend overtime protections to low-paid salaried workers.
  • Give workers who are not exempt executive, administrative or professional employees valuable time back.
  • Prevent a future erosion of overtime protections and ensure greater predictability. The rule proposes automatically updating the salary threshold every three years to reflect current earnings data.
  • Restore overtime protections for U.S. territories.

To be exempt from overtime under the FLSA’s “white-collar” executive, administrative and professional exemptions, employees must be paid a salary of at least the threshold amount and meet certain duties tests.