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

Worker on Phone Holding Pencil Studying Paper

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.