Paul DeCamp, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Washington, DC office, was quoted in Workspan, in “DOL Proposes $35K FLSA Overtime Rule Threshold,” by Brett Christie.

Following is an excerpt:

The U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) raising the Fair Labor Standards Act (FLSA) salary test threshold to $35,308 per year ($679 per week) on Thursday.

The figure represents a significant update to the current FLSA regulations where the threshold is at $455 per week or $23,660 annually but is significantly lower than the $47,476 annually ($913 per week) rate pushed by the Obama Administration.  The proposed threshold would expand overtime eligibility to more than a million additional U.S. workers, according to the DOL announcement. …

The public has 60 days to respond to the proposed rulemaking. Once the comment period closes, DOL will be required to review and consider all comments before finalizing and publishing the regulations. Experts expect this to take several months but do anticipate that DOL will try and finalize the rules at the end of 2019 or early 2020 to avoid any chance that a new administration could repeal or reverse the final rules.

Paul DeCamp, a labor law attorney at Epstein Becker Green and the former administrator of the DOL’s Wage and Hour Division, tweeted that the “DOL’s proposed overtime reg is basically Wonder Bread minus the flavor. It is about as moderate a proposal as one could envision. Stakeholders will find fault, but all things considered there is not a lot for anyone to be upset about in this rule. These days, that’s a virtue.”


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