Latest Round on Battle for Exempt Employees

The latest on the salary increase was released today.  The U.S. Department of Labor has today announced that it will publish a Request for Information (RFI), Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees. The RFI offers the public the opportunity to provide information that will aid the Department in formulating a proposal to revise these regulations.  The RFI solicits feedback on questions related to the salary level test, the duties test, inclusion of non-discretionary bonuses and incentive payments to satisfy a portion of the salary level, the salary test for highly compensated employees, and automatic updating of the salary level tests. The 60-day comment period for all issues raised in the RFI ends on September 25, 2017.  The public may submit comments according to the instructions listed in the RFI as published in the Federal Register.

But the court case is still raging on.  The DOL has decided to fight the ruling, not to defend the limits set by the Obama administration, but to defend the concept that the DOL has the right to change the salary limit.  Lots of legal blogging on the topic so I wanted to include some of those blogs for you today:

Smith Gambrell & Russell LLP

Ogletree Deakins

Wage & Hour Insights

 

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