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DOL Overtime Rule

By Dana A. Kravetz and Taylor Burras

After engaging in the rulemaking process and considering over 270,000 public comments, on May 18, 2016, the U.S. Department of Labor (DOL) announced that it will publish a Final Rule to update the regulations governing the exemption of executive, administrative, and professional employees (collectively, “Exempt Employees”) from the minimum wage and overtime pay protections of the Fair Labor Standards Act (FLSA). Employers are moving quickly to evaluate their compensation programs in light of the new rule, but in their haste to comply, should take note that they may use nondiscretionary bonuses and incentive payments to satisfy up to 10% of the new standard salary level.

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