Publications

The Department of Labor’s (DOL’s) September 8, 2023 Notice of Proposed Rule Making (NPRM) increases the standard salary level for the white-collar exemption to the 35th percentile of the pay distribution of full-time, non-hourly workers in the South Census region and imposes automatic updates to the salary threshold every three years.  The automatic adjustments would use the most recent quarterly data from the Current Population Survey to determine the 35th percentile of the pay distribution for full-time non-hourly workers in the South Census region. 

The Department of Labor’s September 8, 2023 Notice of Proposed Rule Making (NPRM) increases the salary threshold for the white-collar FLSA exemption.  In the NPRM, the Department explains that the purpose of the salary level test is to serve as an initial screening tool.[1]  It then goes on to downplay the extent to which the new threshold will increase the fraction of white-collar workers who will fail the salary level test by stating “the number of salaried white-collar employes for whom salary would be determinative of their non-exempt status and who earn at least the long test salary level – 3.2 million – is nearly ten times smaller than the number of salaried white-collar workers for whom job duties would continue to be determinative of their exemption status…”[2] 

While the direct-selling world was awaiting U.S. District Judge Barbara Lynn's decision in Federal Trade Commission v. Neora LLC, in which the FTC alleged that Neora operated an illegal pyramid scheme, the FTC v. Noland case largely flew under the radar.

Dr. Stephen Bronars of Edgeworth Economics analyzes the anticipated new salary thresholds for the Fair Labor Standards Act, expected to be proposed in May.

On The Consumer Finance Monitor Podcast, Edgeworth Principal Dr. Andrew Nigrinis and host Alan Kaplinsky discuss the concept of dark patterns, related regulatory action, and strategies for companies to reduce the risk of dark patterns allegations. 

Dr. Stephen Bronars of Edgeworth Economics analyzes the Federal Trade Commission’s stance that non-compete clauses reduce worker earnings across industries, saying that research doesn’t support this conclusion.

In this podcast, Edgeworth partner Michael Kheyfets discusses the economics of valuing personal information and approaches to quantifying harm in data privacy litigation.