On Wednesday, February 17, 2016, the Solicitor of Labor announced that the long-anticipated changes to the Fair Labor Standards Act ("FLSA") Regulations' "white collar exemptions" will be published in July 2016 and will take effect 60 days thereafter. This latest announcement is considered to put to rest speculation that the Obama Administration would delay implementation until after the November elections.
The DOL proposed the regulatory changes in July 2015 and then provided the public with a 60-day comment period that brought in almost 300,000 comments. Congress has been no less vocal in expressing its opinion. For example, on February 9, 2016, over 100 members of the U.S. House of Representatives sent a letter to the DOL expressing concern over the proposed rules; specifically, the lack of clarity regarding whether the rules will change the duties requirements for the exemptions. The Representatives asked that the DOL reconsider moving forward with the rule as drafted.