August 24, 2017 – The U.S. Department of Labor (DOL) has published a request for information (RFI) regarding the overtime exemptions for executive, administrative, professional, outside sales and computer employees. The purpose of the RFI is to gather information from the public on 11 key issues before formulating a proposal to amend the Fair Labor Standards Act (FLSA) or its regulations.
The RFI does not place any responsibilities on employers. However, any individual or organization interested in responding to the RFI must submit their comments to the DOL by September 25, 2017. The DOL is encouraging individuals and organizations to submit their comments electronically, using the instructions in the Federal eRulemaking Portal.
When submitting a comment, employers should remember that, once submitted, comments are considered public records and will be published without editing. This includes any personal information provided.
Back in May 2016, the DOL issued a final rule increasing the required salary level from $455 per week ($23,660 per year) to $913 per week ($47,476 per year) for executive, administrative or professional employees. The rule also increased the salary level for highly compensated employees to $134,004 per year. Various lawsuits were filed against the final rule and, as a result, on November 22, 2016, a federal judge in Texas issued a preliminary injunction, halting the enforcement of the rule until further notice.
For questions related to the DOL’s overtime rule or its recent request for information, please contact your advisor. Don’t have an advisor? No problem. We’ll help you find one.
This regulatory update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.