Seyfarth Synopsis: On January 4, 2023, the Biden Administration announced the release of its Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions. In connection with the Administration's new regulatory agenda, the U.S. Department of Labor's Wage and Hour Division has a number of ambitious rulemakings on the horizon, including a target of May for a proposed revision to the standard for the FLSA's white-collar exemptions.
With Winter 2023 upon us, the Biden Administration has issued its Fall 2022 regulatory agenda, and from the looks of it, executive agencies will be busy this year. Here, we focus on the Wage and Hour Division's ("WHD") rulemaking plans, which may be limited in number, but could be outsized in their impacts on employers.
When last we blogged about the Biden Administration's efforts to increase the minimum salary that employers must pay to most of their exempt employees, DOL expected to issue a Notice of Proposed Rulemaking ("NPRM") on "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees" in October 2022. But Halloween came and went, and the New Year brings with it a new NPRM target date of May 2023. Clearly, these deadlines are flexible, but given the resources DOL has invested in this rulemaking, we anticipate WHD will strive to timely meet its goal this time around. Accordingly, employers should monitor the kinds of changes WHD signals concerning the FLSA's overtime...
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