Mar 21, 2018, 12:34 PM
(from SHRM) If the Department of Labor fails to issue a new final rule before the 2020 elections, and if the Democrats retake the presidency, the rule that was struck down in 2016 could come back to life. That means the threshold for the white-collar exemption could rise from the current $455 per week ($23,660 annualized) to $913 per week ($47,476 annualized), and anyone who makes less than $913 a week would then be eligible for overtime pay.
Last October, the DOL appealed the district court's permanent injunction and filed a motion to stay the DOL's appeal to the 5th Circuit pending the outcome of new rulemaking. After a comment period, the DOL announced that it planned to propose a new overtime rule by the end of October 2018. If the DOL were to publish a new proposed rule in October, there would typically be a 60- to 90-day comment period. A new final rule is expected by the end of 2019.
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