But this rule was. Previously, Virginia employers applied the overtime pay requirements of the federal Fair Labor Standards Act (FLSA), 29 U.S.C. In addition to being a Practice Group Leader, he co-manages the firms Litigation Department. Federal authorities plan to propose new overtime and joint employment regulations in the new year, among other updates, according to regulatory agendas published Friday. The Supreme Court recognized that daily-rate workers may qualify as exempt only through another regulation, which allows payment in part based on a on an hourly, a daily or a shift basis.See29 CFR 541.604(b). An agency within the U.S. Department of Labor, 200 Constitution Ave NW temp_style.textContent = '.ms-rtestate-field > p:first-child.is-empty.d-none, .ms-rtestate-field > .fltter .is-empty.d-none, .ZWSC-cleaned.is-empty.d-none {display:block !important;}'; Once anticipated in the spring, the proposed rule will recommend how to implement the exemption of bona fide executive, administrative and professional employees from the Fair Labor Standards Act's (FLSA's) minimum wage and overtime requirements. High on the DOL's list of priorities with the proposed overtime rule will be adjusting the salary level, possibly increasing it from its current annualized rate of $35,568, noted Robert Boonin, an attorney with Dykema in Ann Arbor, Mich. "There's certainly pressure to bring the amount to as high as the $47,476 annualized amount that was enjoined by a court in 2016, but many advocates are seeking even higher levels, from $62,000 to over $80,000 per year," he said. DOL appealed the judges decision but the Trump administration dropped the case in anticipation of promulgating its own threshold. Consistent with the presidential memorandum, the DHS published a notice of proposed rulemaking on Sept. 28, 2021, to consider all issues regarding DACA, including those identified by the district court relating to the policy's substantive legality. The Obama administration's 2016 overtime rule, which a federal court in Texas held to be invalid, set the salary threshold at $47,467 per year. There are some in the department who believe that in order to be eligible for the exemption, an employee shouldn't be involved in any type of selling, she said. Subscribe to HR Dive for top news, trends & analysis, The free newsletter covering the top industry headlines, This audio is auto-generated. It covers several aspects of employment in both the private and public sectors, including: Minimum wage Overtime pay Hours worked Record keeping Youth employment standards Please log in as a SHRM member before saving bookmarks. Topics covered: Culture, executive buy-in, discrimination, training, equal pay, and more. | 2 p.m. How to Calculate FLSA Overtime Pay. Under the FLSA, overtime pay is determined by multiplying the employees straight time rate of pay by all overtime hours worked PLUS one-half of the employees hourly regular rate of pay times all overtime hours worked. All overtime work that is ordered or approved must be compensated. ET, Webinar [CDATA[/* >