; and (II) in the case in which the Secretary establishes an increased salary threshold under subparagraph (B), the greater of— (aa) the 40th percentile described in subclause (I); and (bb) the increased salary threshold established under subparagraph (B), as updated in accordance with the data set and methodology established by the Secretary under subparagraph (B)(ii). (ii) Nonapplicability of rulemaking Any update described in this subparagraph shall not be subject to the requirements of notice and comment rulemaking under section 553 of title 5, United States Code. (D) Notice requirement Not later than 60 days before a revised salary threshold under this paragraph takes effect, the Secretary shall publish a notice announcing the amount in the Federal Register and on the internet website of the Department of Labor. (3) Duties test The Secretary shall, in addition to the requirement under paragraph (1), continue to require employees to satisfy a duties test, as prescribed by the Secretary, in defining and delimiting the terms described in subsection (a)(1). . (b) Publication of earnings Not later than 21 days after the end of each calendar quarter, the Bureau of Labor Statistics shall publish on its public website, for each week of such quarter, data on the weekly earnings of nonhourly, full-time salaried workers by census region (as designated by the Bureau of the Census). (c) Effective date This Act, and the amendments made by this Act, shall take effect on the first day of the third month that begins after the date of enactment of this Act.