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DOL/WHD RIN: 1235-AA20 Publication ID: Fall 2017 
Title: Request for Information Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees 

The Department intends to issue a Notice of Proposed Rulemaking (NPRM) to determine what the salary level for exemption of executive, administrative and professional employees should be. In developing the NPRM, the Department will be informed by the comments received in response to the Request for Information.


Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Deregulatory 
CFR Citation: 29 CFR 541   
Legal Authority: Not Yet Determined   
Legal Deadline:  None

Statement of Need:

WHD is reviewing the regulations at 29 CFR 541, which implement the exemption of bona fide executive, administrative, and professional employees from the Fair Labor Standards Act’s minimum wage and overtime requirements. The Department’s NPRM will propose an updated salary level for exemption and seek the public’s view on the salary level and related issues.

Summary of the Legal Basis:

These regulations are authorized by section 13(a)(1) of the Fair Labor Standards Act, 29 U.S.C. 213(a)(1).


Alternatives will be developed in considering any proposed revisions to the current regulations. The public will be invited to provide comments on any proposed revisions and possible alternatives.

Anticipated Costs and Benefits:

The Department will prepare estimates of the anticipated costs and benefits associated with the proposed rule.


This action does not affect public health, safety, or the environment.

Action Date FR Cite
Request for Information (RFI)  07/26/2017  82 FR 34616   
RFI Comment Period End  09/25/2017 
NPRM  10/00/2018 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Melissa Smith
Director, Regulations, Legislation and Interpretations
Department of Labor
Wage and Hour Division
200 Constitution Avenue NW., Room S-3502,
Washington, DC 20210
Phone:202 693-0406
Fax:202 693-1387