U.S. Department of Labor building in Washington, D.C. Photo: Diego M. Radzinschi/ALM

“It’s déjà vu all over again.” Yogi Berra’s famous words seem apt, as the Wage and Hour Division of the U.S. Department of Labor (DOL) published a notice of proposed rulemaking (NPRM) on Sept. 8 proposing changes to the minimum salary thresholds to qualify as exempt under the Fair Labor Standards Act (FLSA) that are eerily similar to the 2016 regulations that were enjoined just days before they were slated to take effect.

The NPRM proposes a more than 50% increase to the minimum salary thresholds to be classified as exempt from overtime under the white-collar exemptions (i.e., executive, administrative and professional) and a more than 30% increase to qualify for the highly compensated employee exemption. And similar to the ill-fated 2016 regulations, the NPRM calls for “automatic” updates to the minimum salary threshold every three years.

Complete your profile to continue reading and get FREE access to BenefitsPRO.com, part of your ALM digital membership.

Your access to unlimited BenefitsPRO.com content isn’t changing.
Once you are an ALM digital member, you’ll receive:

  • Critical BenefitsPRO.com information including cutting edge post-reform success strategies, access to educational webcasts and videos, resources from industry leaders, and informative Newsletters.
  • Exclusive discounts on ALM, BenefitsPRO magazine and BenefitsPRO.com events.
  • Access to other award-winning ALM websites including ThinkAdvisor.com and Law.com

Already have an account?


© 2023 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Dig Deeper



Join BenefitsPRO

Don’t miss crucial news and insights you need to navigate the shifting employee benefits industry. Join BenefitsPRO.com now!

  • Unlimited access to BenefitsPRO.com - your roadmap to thriving in a disrupted environment
  • Access to other award-winning ALM websites including ThinkAdvisor.com and Law.com
  • Exclusive discounts on BenefitsPRO.com and ALM events.

Already have an account? Sign In Now
Join BenefitsPRO

Copyright © 2023 ALM Global, LLC. All Rights Reserved.