Yesterday, the Senate voted 60-38 to confirm Alexander Acosta as the next Labor Secretary. He becomes the first Latino in President Trump’s cabinet. Back in February, I provided more background on Mr. Acosta. You can view that here.
So what’s on Mr. Acosta’s plate as he takes over the DOL? I’ve got three items:
- The Overtime Rules. Yeah, he’s not going to support bumping the annual salary-level for the EAP overtime exemptions from $23,660 to $47,476, as the proposed rules would do. So, expect the DOL to drop its appeal of the nationwide injunction entered last year to forestall the new overtime rules. But, could we see a lower salary level? Maybe something in the mid 30s? It’s possible.
- Independent Contractor. The DOL has been on a tear with its misclassification initiative, forming joint task forces with 37 states. Does nailing employers that misclassify non-exempt employees as independent contractors remain a priority now? We’ll see…
- Emphasis on advice letters for employers. There’s been speculation that we may see the DOL returning to giving advice letters on specific wage and hour issues to help employers steer clear of FLSA violations. That would be a welcome change.