In the last two years, the U.S. Department of Labor (“DOL”) has contemplated revising the Fair Labor Standards Act, record keeping requirements to require employers to have a written justification for the basis of the exemption. The proposal would also require employers to provide this justification to the employee and be subject to review by the DOL during an audit.
This “proposal” was first published in the Unified Regulatory Agenda with a regulation publication target date of August 2010. That date was later moved until April 2011 and then October 2011.
On January 20, 2012, the DOL moved this from the “Proposed Rules Stage” to the “Long-Term Actions.” This change means that the DOL does not have immediate plans to implement its “Right to Know Rule” until at least January 20, 2013. Whether the rule becomes a regulation would seemingly depend on how the election in November goes.