October 14, 2014

DOL Makes It Official: New FLSA Regulations Delayed Until 2015

From: JDSupra Business Advisor

Doug Hass | Franczek Radelet P.C.

Back in late May, we told you that the Department of Labor had released its required Semiannual Regulatory Agenda. The Agenda, which is not binding on the DOL, included several FLSA-related items. Most importantly, the DOL listed its plans to address the “white collar” overtime exemption regulations with proposed rules next month, in November 2014. The section, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees,” appears on page 56 and 57 of the Agenda. At the time, we predicted that “even with a short 30-day comment period and a quick turnaround on a final rule, the DOL is unlikely to have any new regulation in place before spring 2015.”


Exactly when we can expect a final rule is in flux. Any proposed rule in early 2015 would give the DOL nearly two years to consider any public comments and to prepare a final rule for approval by the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA). At the very earliest, a proposed rule released in January/February 2015 could lead to a final rule by late spring or early summer.

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