U.S. Department of Labor Proposes Raising the Minimum Salary Threshold
The U.S. Department of Labor issued a preview of what it is offering as the new rule raising the minimum salary threshold required for workers to qualify for the FLSA "white collar" exemption to $35,308.00 per year. This new rule will replace the former administration's rule, which set the threshold at approximately $47,000.00. Also, the FLSA overtime exemptions for Executive, Administrative, and Professional workers ("EAP") will be updated.
The prior administration's version of the rule was made invalid in the middle of 2017 by a U.S. District Court in Texas via injunction.
The Department of Labor said that it utilized the same methodology in setting the $35,308.00 or $679.00 per week threshold as was used to set the prior threshold in 2004.
Another element of the existing rule, known as the "Duties Test," which identifies FLA Exempt EAP employees, does not appear to be changed otherwise. It is estimated that this rule take effect in January 2020.
The information contained in the Barrett McNagny LLP website is for informational purposes only and should not be considered legal advice on any subject matter. Furthermore, the information contained on our website may not reflect the most current legal developments. You should not act upon this information without consulting legal counsel.
Your transmission and receipt of information on the Barrett McNagny LLP website, or sending an e-mail to one of our attorneys or staff, will not create an attorney-client relationship between you and Barrett McNagny LLP. If you need legal advice and want to establish an attorney-client relationship with Barrett McNagny LLP, please contact one of our attorneys by telephone, email, or other means of communication, and allow the attorney to confirm that the firm does not represent other persons or entities involved in the matter and that the firm is willing to accept representation. Until such confirmation is provided by one of our attorneys, you should not transmit information to us that you consider confidential. If you do provide information to us, and no attorney-client relationship is established, the information will not be considered confidential or privileged, and our receipt of such information will not preclude us from representing another client in a matter adverse to you.
Any links to other websites are not intended to be referrals or endorsements of those sites.
Thank you for contacting us!
A representative will be in touch with you shortly.
An attorney-client relationship will NOT be formed merely by sending an email to Barrett McNagny, LLP or to any of its attorneys. Please do not send any information specific to your legal needs until you obtain approval from a Barrett McNagny, LLP attorney, as the content of such email will not be considered confidential or privileged. By sending us an email, you confirm your understanding of this notification. If you agree, you may use the e-mail links on this page to contact an attorney.