That final rule took effect on January 1, 2020. Notably absent from the spring regulatory agenda is an entry for an FLSA independent-contractor rulemaking, given that a recent blog post on the DOL's website stated that such a proposal is in the works, Plunkett said. The Act applies on a workweek basis. A new overtime rule from the U.S. Department of Labor is likely to change some of the existing rule's white-collar exemptions. . Please purchase a SHRM membership before saving bookmarks. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Labor Rights. The proposed changes will impact Employers and employees. It is possible that DHS will use that feedback to develop and implement this NPRM. The DOL noted in its agenda that the Occupational Safety and Health Administration (OSHA) has already issued an emergency temporary standard to address the danger of COVID-19 in health care workplaces. }); if($('.container-footer').length > 1){ Affiliate of the Society for Human Resource Management, Home Blog 2022 DOLS PROPOSED OVERTIME RULE. Please confirm that you want to proceed with deleting bookmark. While the employer allowed other employees in her position to work from home, it denied her request and shortly thereafter terminated her employment. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} New DOL Overtime Threshold in 2022. The following policy statements* will be included in your export: *Use of this material is governed by XpertHRs Terms and Conditions. DOL addressed the topic again in 2019 and enacted changes on January 1, 2020. Marty Walsh, the Secretary of Labor indicated previously that the salary basis threshold is too low and as part of the review, the DOL will consider whether regular and automatic updates are needed. The overtime rule was first slated for April 2022 and then for October 2022, so another delay would not be unusual. President Joe Biden directed the DHS on Jan. 20, 2021, to take all appropriate actions to preserve and strengthen DACA, consistent with applicable law. From April through June 2022, DOL held several listening sessions for interested stakeholders to discuss any support or concerns they may have with the anticipated rulemaking. . Although the DOL will almost certainly grant employers several months of lead-up time before implementing the new threshold, understanding the potential impact of a dramatic increase now will help employers adjust in the future. (2015). Joint-employer status under the National Labor Relations Act. After a new overtime rule is proposed, the public will have at least 30 days to comment on it before the DOL can issue a final rule. The overtime rule was first slated for April 2022 and then for October 2022, so another delay would not be unusual. }. In the February NPRM, USDA provided only 32 days for stakeholder comment submissions on the proposal. Conversely, there is nothing stopping the DOL from issuing new rules before its target dates, either. Section 13(a)(1) of the FLSA, codified at 29 U.S.C. The proposed rule . | 1 p.m. Starting in June 2020, employees were required to return to work onsite full-time. "If there is a significant increase in the salary-basis level for the executive, administrative and professional exemptions, this change will require employers to identify and . However, the district court temporarily stayed its order with respect to most individuals granted deferred action under the DACA policy on or before July 16, 2021, including with respect to their renewal requests. var currentUrl = window.location.href.toLowerCase(); "Snowy Labor Department Sign" [photograph]. Get the free daily newsletter read by industry experts. An HR Advisor is here to help by email, live chat, or phone. [Mr. Fendly's statement may be found in the appendix.] ol{list-style-type: decimal;} The DOL initially planned to issue this new proposal in April 2022. Gallagher supports organizations with comprehensive solutions to include exemption review, compensation and classification structures, enhanced management of ongoing joint-employer challenges and implementation strategies. WASHINGTON The U.S. Department of Labor will publish a Notice of Proposed Rulemaking on Oct. 13 to help employers and workers determine whether a worker is an employee or an independent contractor under the Fair Labor Standards Act. A final rule on improving tracking of workplace injuries and illnesses is slated for December, as well. Colorado Whistleblower, Anti-Retaliation, Non-Interference, and Notice-Giving Rules ("Colorado WARNING Rules") 7 CCR 1103-11 Sandra Parker-Murray 11.01.2022; Brian Polovoy 11.02.2022; Prevailing Wage and Residency (PWR) Rules 7 CCR 1103-6 Ion Cotsapas 10.05.2022; Wage Protection Rules 7 CCR 1103-7
