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Important information regarding recent overtime litigation in the U.S. District Court of Eastern District of Texas

On July 26, 2017 the Department of Labor published a Request for Information (RFI), Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees. For more information, please visit http://www.dol.gov/whd/overtime/rfi2016.htm

Wage and Hour Division (WHD)

Final Rule: Overtime

Non-Enforcement policy for providers of Medicaid-funded services for individuals with intellectual or developmental disabilities in residential homes and facilities with 15 or fewer beds


On May 17, 2016, President Obama and Secretary Perez announced the publication of the Department of Labor's final rule updating the overtime regulations.

At the same time, the Department of Labor announced that it will publish in the Federal Register a time-limited non-enforcement policy for providers of Medicaid-funded services for individuals with intellectual or developmental disabilities in residential homes and facilities with 15 or fewer beds.

From December 1, 2016 to March 17, 2019, the Department will not enforce the updated salary threshold of $913* per week for the subset of employers covered by this non-enforcement policy. Throughout the duration of this non-enforcement policy, the Department will engage in outreach and technical assistance efforts, including to providers of services in settings covered by this policy. This non-enforcement policy does not apply to providers of Medicaid- funded services for individuals with intellectual or developmental disabilities in residential care facilities with 16 or more beds.


Additional Information




Note (added January 2018): *

The Department of Labor is undertaking rulemaking to revise the regulations located at 29 C.F.R. part 541, which govern the exemption of executive, administrative, and professional employees from the Fair Labor Standards Act's minimum wage and overtime pay requirements. Until the Department issues its final rule, it will enforce the part 541 regulations in effect on November 30, 2016, including the $455 per week standard salary level. These regulations are available at: https://www.dol.gov/whd/overtime/regulations.pdf.