The U.S. Labor Department is looking to a spring 2016 date for publishing the "Final Rule" revising the regulations defining the federal Fair Labor Standards Act's Section 13(a)(1) exemptions according to a recent report. It appears that USDOL is again revising its stated timeframe to come more in line with the timeframe we previously anticipated. Stakeholders speculate that an earlier date could help ensure that any Congressional Review Act challenge is resolved under President Obama.

If the "Final Rule" were to be published on April 1, 2016, and if its effective date was set for 60 days later, then employers would have until May 31, 2016 to comply with the new regulations. Of course, the USDOL could finalize the regulations earlier. We continue to recommend that management engage in analysis to the extent that it can now so as to be prepared to move forward when the time comes.