Proposed Rule Released by US Department of Labor Raises Annual Minimum Salary Requirements

After much anticipation, the Department of Labor released its proposed Rule regarding the new salary-level threshold for white-collar employees who would be eligible for overtime pay.  The salary threshold is slated to change from $23,660/year to $35,308/year.  Notable highlights of the proposed rule:

  • excludes automatic adjustments to the salary threshold
  • does not create different salary levels based on the geographic region of the country
  • leaves the duties test unchanged.

The public will have sixty (60) days to comment on the proposed legislation; the comment period will begin on the date of publication in the Federal Register.

The EEOC has delayed the March 31, 2019 deadline for employers to submit their EEO-1 Report. The new deferred filing date is May 31, 2019.  This reporting requirement applies to:

  1. Employers with 100 or more employees;
  2. Employers with less than 100 employees: but, affiliated with another company that when combined totals at least 100 employees; and
  3. Federal contractors with 50 or more employees, or a first tier subcontractor with a contract of more than $50,000.

The delay for filing is due (in part) to the government shutdown which affected the EEOC.