Notice of Proposed Rulemaking: Exemptions for Executive and Computer Employees

The full title of the rule making is:

Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees

Currently the limit for non-exempt status is defined in https://www.dol.gov/agencies/whd/fact-sheets/17e-overtime-co...

> However, Section 13(a)(1) and Section 13(a)(17) of the FLSA provide an exemption from both minimum wage and overtime pay for computer systems analysts, computer programmers, software engineers, and other similarly skilled workers in the computer field who meet certain tests regarding their job duties and who are paid at least $684* per week on a salary basis or paid on an hourly basis, at a rate not less than $27.63 an hour.

This was set in 1990 ( https://www2.law.umaryland.edu/marshall/crsreports/crsdocume... )

> In 1990, Congress directed the Secretary of Labor to issue regulations that would allow "computer systems analysts, computer programmers, software engineers, and other similarly skilled professional workers" to qualify as exempt executive, administrative, or professional employees under Section 13(a)(1) of the FLSA. The 1990 legislation also directed Congress to apply the EAP exemption to employees in computer-related occupations if they were paid on an hourly basis at a rate of at least six-and-a-half times the basic federal minimum wage. At the time, the federal minimum wage was $4.25 an hour. Thus, hourly computer employees were exempt if they met the job duties test and were paid at least $27.63 an hour. In 1992, the U.S. Department of Labor (DOL) published a final rule that implemented the 1990 legislation. The regulations treated computer employees as professional employees under the EAP exemption.

... and hasn't been revisited since.

There are still a few more days for comments.

This has implications on how much you're paid before you don't get 1.5x for overtime work.