ol{list-style-type: decimal;} Determination of an employees primary duty must be based on all the facts in a particular case, with the major emphasis on the character of the employees job as a whole. Photo illustration: Shaun Lucas/Industry Dive;Greg Gibson/AP. This method did not constitute a salary basis, according to the Supreme Court. 541.601. In July, DOL confirmed that it was reviewing the threshold, considering an increase and automatic updates; Friday's announcement may represent the first step in that process. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. Tuesday, February 28, 2023. The duties tests denote which employees are exemptnot eligible for overtime payand they depend on a variety of factors. The Trump administration implemented the last increase from $23,660 per year to $35,568 per year in 2019. Federally Recognized Holidays, Employer Considerations for DOLs New AEWR Rule. The Court further noted that it previously observed that workers are not deprived of the benefits of the [FLSA] simply because they are well paid, while Congress repeatedly rejected efforts to exempt all highly paid employees from overtime requirements. [CDATA[/* >