Pryor Cashman Partner LaKeisha M.A. Caton, a member of the Labor + Employment and Litigation Groups, spoke with SHRM about changes employers may face under the U.S. Department of Labor’s proposed changes to overtime rules.

In “Questions Remain About Anticipated Proposed Overtime Rule,” LaKeisha weighs in on several potential areas of change when the DOL unveils its proposed changes this spring, including expanding the duties test and increasing the exempt salary threshold:

It’s possible the proposed rule will include increases to the exempt salary threshold based on the consumer price index, Caton said.

“This might be problematic because those who oppose the rule could challenge it on the basis that the exempt salary threshold can only be increased pursuant to the normal rulemaking process, not automatically based on changes in the market,” she said.

She also comments on the DOL’s delays in releasing the proposed changes:

The delays also may indicate that the proposed rule will “be more comprehensive than just a one-time increase of the threshold,” Caton said. In addition, the DOL may be taking time responding to stakeholder listening sessions on the overtime rulemaking.

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