Is another OT rule whammy on its way from DOL?

by Christian Schapp

It’s possible employers could be in for more than just a whopping increase to the overtime exemption salary threshold. 

From the questions it asked employers in its proposed changes to the FLSA’s overtime exemption rules, the DOL is considering changes to the “white-collar” duties tests.

The DOL hasn’t proposed any changes yet, and it has provided little in the way of clues as to what changes it’s considering — other than the indication that it’s mulling the adoption of a California-style rule requiring more than 50% of an employee’s time be spent exclusively on exempt duties for the person to be classified as exempt.

But employers are still fearful significant changes to the duties tests could force the reclassification of a great deal of employees — beyond the number of employees who’ll have to be reclassified as a result of the proposed increase in the salary threshold from $23,660 per year to $50,440.

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