July 2016. That’s when the final rule on the white collar overtime exemptions is expected to be published by the DOL – this according to the OMB’s Fall 2015 Unified Agenda and Regulatory Plan released last Thursday. Just one week earlier the Solicitor of Labor, M. Patricia Smith, reportedly told attendees at a conference that the DOL was targeting a release in “late 2016."
Thus, given the continued uncertainties surrounding the timing of the release, employers should continue to take steps now to prepare for any changes to the rule, which, in its current form, would dramatically increase the number of employees eligible for overtime pay. We, of course, will continue to update you about any developments.