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What a week!
On the same day that the Federal Trade Commission announced its plan to ban most employee noncompetes, the U.S. Department of Labor proposed increase to the salary level for EAP overtime exemptions.
Employees are exempt from the Fair Labor Standards Act’s minimum wage and overtime protections if employed in a bona fide executive, administrative, or professional (EAP) capacity. As the DOL noted in its announcement, employees must generally satisfy three criteria to be exempt from overtime in an EAP capacity:
they receive a salary, i.e., a predetermined and fixed amount that is not subject to reduction
