• The month of October passed without the proposal of new Fair Labor Standards Act overtime regulations. The U.S. Department of Labor had projected it would issue a proposal last month.
• Of interest to employers, the regulation presumably would have addressed the salary threshold which determines whether bona fide executive, administrative and professional employees are exempt from the FLSA’s minimum wage and overtime requirements.
• “The Wage and Hour Division is still developing a proposal updating overtime regulations under the Fair Labor Standards Act,” a DOL spokesperson told HR Dive in an email Thursday. “The division held multiple stakeholder listening sessions in 2022, and DOL continues working toward this proposal.”

Plans to raise the FLSA white-collar exemption threshold have been in the works for more than a year. The Trump administration implemented the last increase — from $23,660 per year to $35,568 per year — in 2019.

Though it marked the first increase to the FLSA’s overtime threshold in over a decade, 2019’s final rule also came in well below the Obama administration’s 2016 plan, which pegged the cutoff at $47,476 per year. A federal judge enjoined the rule just weeks before former President Barack Obama left office. DOL appealed the judge’s decision but the Trump administration dropped the case in anticipation of promulgating its own threshold.

The early years of the Biden administration signaled a likely revisiting of overtime regulations. In June 2021,...

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