The final overtime rule amending the DOL’s regulations under the FLSA was published today in the Federal Register, which you can find here. This isn’t new news, far from it, it is just the “official” residing place for the amendment and a very long 158 page story of how it came to be, the process, and the justification for it. Some of you, like me, may find this interesting or useful. Others, not so much. Anyway, to save you some time, below is what you can find in the final rule’s 162 pages (note: the actual amendments are on pages 159-162). As you can see, a whopping 3 pages contain the larger-than-life amendments that are currently rocking the business world.
Table of Contents
I. Executive Summary
II. Background: (A) What the FLSA Provides; (B) Legislative History; (C) Regulatory History; (D) Overview of Existing Regulatory Requirements; (E) Presidential Memorandum; (F) The Department’s Proposal; and (G) Effective Date
III. Need for Rulemaking
IV. Final Regulatory Revisions: (A) Standard Salary Level; (B) Special Salary Tests; (C) Inclusion of Nondiscretionary Bonuses, Incentive Payments, and Commissions in the Salary Level Requirement; (D) Highly Compensated Employees; (E) Automatic Updates; and (F) Duties Requirements for Exemption
V. Paperwork Reduction Act
VI. Analysis Conducted in Accordance With Executive Order 12866, Regulatory Planning and Review, and Executive Order 13563, Improving Regulation and Regulatory Review
VII. Final Regulatory Flexibility Analysis
VIII. Unfunded Mandates Reform Act Analysis
VIIIX. Executive Order 13132, Federalism
IX. Executive Order 13175, Indian Tribal Governments
XI. Effects on Families
XII. Executive Order 13045, Protection of Children
XIII. Environmental Impact Assessment
XIV. Executive Order 13211, Energy Supply
XV. Executive Order 12630, Constitutionally Protected Property Rights
XVI. Executive Order 12988, Civil Justice Reform Analysis
Final Amendments to Regulatory Text
That’s it. Enjoy the read.