- Should there be different salary level tests for the three white-collar exemptions (executive, professional, and administrative) and/or different salary levels by employer size, location, and industry;
- Would a duties-only test without regard to an employee's salary level be preferable to the current test; and
- Should there be multiple total annual compensation levels for the highly compensated employee exemption?
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Authors: D. Mark Wilson
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The Department of Labor published an extensive set of questions asking how the agency should revise the Obama-era overtime rule, suggesting a willingness to consider fundamental changes to how exemptions are determined. The request for information (RFI) included 11 sets of questions that cover a wide range of policy and technical issues, among them:
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