Federal Judge Blocks Obama Administration’s Overtime Pay Rule

The rule from the Department of Labor has been blocked by a Federal judge today.  This rule will not go into effect on December 1, 2016.


Exempt Employee Salary Threshold Goes From $455 to $913 Per Week on December 1

Today, the U.S. Department of Labor released the final rules governing which executive, administrative, and professional employees (white collar workers) are exempt from the Fair Labor Standards Act’s minimum wage and overtime pay protections. The DOL last updated these regulations in 2004.

Effective December 1, 2016, the final rule raises the salary threshold to $913 a week or $47,476 a year (up from $455 a week or $23,660 a year).

The final rule focuses primarily on the salary and compensation levels needed for white collar workers to be exempt. Specifically, the rule:

• Sets the standard salary level at the 40th percentile of weekly earnings for full-time salaried workers in the lowest-wage Census Region (currently the South).

• Increases the total annual compensation requirement needed to exempt highly compensated employees (HCEs) to the annualized value of the 90th percentile of weekly earnings of full-time salaried workers, or $134,004 (up from $100,000).

• Establishes a mechanism for automatically updating the salary and compensation levels going forward. Future automatic updates to the thresholds will occur every three years, beginning on January 1, 2020.

• Allows employers to use nondiscretionary bonuses and incentive payments (including commissions) to satisfy up to 10% of the standard salary level. The amounts must be paid on a quarterly or more frequent basis, but there is a provision allowing a “catch-up” payment to be made during the first pay period of the next quarter.

• Does not change any of the existing job duty requirements to qualify for an exemption. Both the standard duties tests and the HCE duties test remain unchanged.

Additional information is available on the DOL’s website: https://www.dol.gov/WHD/overtime/final2016/


Treasury and the IRS Announce Limited Extension of Early 2016 Due Dates for 2015 Information Reporting Requirements for Employers and Insurers under the ACA


Reporting still required for 2015
WASHINGTON – Today, the U.S. Department of the Treasury and the Internal Revenue Service (IRS) announced a limited extension of the early 2016 due dates for the 2015 information reporting requirements for employers and insurers under the Affordable Care Act (ACA). This is the first year that employers and insurers are required to report certain information about health coverage to employees, other individuals, and the IRS.
The IRS is prepared to begin accepting this reporting in January, and employers and insurers are encouraged to begin reporting to employees and other individuals as soon as possible.  However, in response to stakeholder feedback, this extension will provide employers and insurers a limited additional period of time to meet these requirements, while maintaining the ACA reporting requirement for 2015.
 “As part of our efforts to implement the ACA in a careful and thoughtful way, the Treasury Department and the IRS are responding to feedback from private sector businesses and insurers and providing additional time for employer and insurer reporting under the ACA for the first year,” said Assistant Secretary for Tax Policy Mark Mazur.
Specifically, this notice extends by two months the February 1 due date for employers and issuers to provide individuals with forms reporting on offers of health coverage and coverage provided.  The February 29 and March 31 deadlines for reporting this information to the IRS (by paper or electronically, respectively) are extended by three months.
The vast majority of individual taxpayers will not be affected by this extension.  Like last tax filing season, most individuals will simply check a box on their tax return indicating they had health coverage for the entire year. These forms provide individuals with a record of their health coverage but do not need to be attached to the tax return.  This notice also provides guidance to the limited number of individuals who might be affected by the extension.  In particular, individuals who file their tax returns relying on other information about their health care do not need to amend their returns. The additional time provided to employers and insurers will also not materially affect the IRS’s ability to use the information provided to verify compliance.
This notice is intended to provide employers, insurers, and other providers of minimum essential coverage additional time to implement systems and procedures in this first year in order to gather, analyze, and report information about the health coverage they offer and provide.


rvance of Inauguration Day, January 20, 2017.