On July 28, 2008, the U.S. Department of Labor’s Wage and Hour Division published a proposed rule that will update regulatory provisions under the Fair Labor Standards Act of 1938 (“FLSA”) and Portal-to-Portal Act of 1947 (“Portal Act”). The proposed revisions incorporate certain court decisions as well as FLSA amendments passed in 1974, 1977, 1996, 1997, 1998, 1999, 2000, and 2007 and Portal Act amendments passed in 1996. These amendments largely clarify, refine, or add to the current exemptions to the minimum wage and overtime pay requirements of the FLSA. The Department of Labor (“DOL”) is seeking public comment on the proposed changes.
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