Just in time for Labor Day, the Department of Labor (DOL) is proposing yet again to modify the overtime rules. Specifically, the proposal would increase the annual salary-level threshold for white collar exemptions from $35,568 to $55,068 and would also increase the highly compensated employee total annual compensation threshold from $107,432 to $143,988.

It does not change the duties test. As a reminder, individuals are entitled to time and a half for any time worked over 40 hours in a week. States may have more generous rules. If these rules are finalized as proposed, the dollar amounts would be reviewed and potentially updated every three years. Given the tortured past of these rules it is likely that they will be challenged through comments to the proposal and perhaps future litigation. 

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