The U.S. Department of Labor (“DOL”) has given the public additional time to submit comments on two proposed rules that could have major impacts on businesses – the joint employer rule and the regular rate of pay rule.  The comment period for the proposed rule increasing the salary level for exempt employees to $35,308 has not been extended, and is still due today, May 21.

Salary Level for Exempt Employees

The comment period for the DOL’s proposed rule increasing the salary level for exempt employees to $35,308 has not been extended.  Comments are due today, May 21, 2019, by 5:59 p.m. Hawaii time (11:59 p.m. ET).

The DOL encourages any interested members of the public to submit comments about the proposed rule electronically at www.regulations.gov, in the rulemaking docket RIN 1235-AA20.

Regular Rate Calculation

On March 28, the DOL published a proposed rule to clarify and update regular rate requirements, which define what forms of payment employers include in the “time and one-half” calculation when determining workers’ overtime rates under the Fair Labor Standards Act (“FLSA”).

The DOL extended the comment period for this proposed rule by 15 days.  Comments should be submitted electronically at www.regulations.gov, in the rulemaking docket RIN 1235-AA24, by 11:59 pm ET on June 12.

Joint Employer Status

On April 9, the DOL issued proposed changes to the regulations providing guidance on how to determine joint employer status under the FLSA.

The DOL also extended the comment period for this proposed rule by 15 days.  Comments about this proposed rule should be submitted electronically at www.regulations.gov, in the rulemaking docket RIN 1235-AA26 by 11:59 pm ET on June 25.