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Proposed Rule2023-190322023-09-08

Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees

Labor Department, Wage and Hour Division

Abstract

In this proposal, the Department of Labor (Department) is updating and revising the regulations issued under the Fair Labor Standards Act implementing the exemptions from minimum wage and overtime pay requirements for executive, administrative, professional, outside sales, and computer employees. Significant proposed revisions include increasing the standard salary level to the 35th percentile of weekly earnings of full-time salaried workers in the lowest-wage Census Region (currently the South)--$1,059 per week ($55,068 annually for a full-year worker)--and increasing the highly compensated employee total annual compensation threshold to the annualized weekly earnings of the 85th percentile of full-time salaried workers nationally ($143,988). The Department is also proposing to add to the regulations an automatic updating mechanism that would allow for the timely and efficient updating of all the earnings thresholds.

Action & Dates

Action
Notice of proposed rulemaking.
Dates
Interested persons are invited to submit written comments on this notice of proposed rulemaking (NPRM) on or before November 7, 2023.

CFR References

Public Comment

Comments Close
2023-11-07

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Labor Wage and Hour Division 29 CFR Part 541 RIN 1235-AA39 ( printed page 62152) AGENCY: Wage and Hour Division, Department of Labor. ACTION: Notice of proposed rulemaking. SUMMARY: In this proposal, the Department of Labor (Department) is updating and revising the regulations issued under the Fair Labor Standards Act implementing the exemptions from minimum wage and overtime pay requirements for executive, administrative, professional, outside sales, and computer employees. Significant proposed revisions include increasing the standard salary level to the 35th percentile of weekly earnings of full-time salaried workers in the lowest-wage Census Region (currently the South)—$1,059 per week ($55,068 annually for a full-year worker)—and increasing the highly compensated employee total annual compensation threshold to the annualized weekly earnings of the 85th percentile of full-time salaried workers nationally ($143,988). The Department is also proposing to add to the regulations an automatic updating mechanism that would allow for the timely and efficient updating of all the earnings thresholds. DATES: Interested persons are invited to submit written comments on this notice of proposed rulemaking (NPRM) on or before November 7, 2023. ADDRESSES: You may submit comments, identified by Regulatory Information Number (RIN) 1235-AA39, by either of the following methods: Electronic Comments: Submit comments through the Federal eRulemaking Portal at https://w

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Full Document

Citation: 88 FR 62152

Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees — Federal Register 2023-19032 | Open Gov by Base