DOL to Hold Listening Sessions on Revamp to Overtime Rule

The Wage and Hour Division (WHD) of the Department of Labor (DOL) has announced that in the upcoming weeks it will hold public listening sessions to gather views on the Part 541 white collar exemption regulations, often referred to as the “Overtime Rule.”

dol-schedules-overtime-rule-public-sessionsIssued under the Fair Labor Standards Act (FLSA), these regulations implement exemptions from overtime pay requirements for executive, administrative, professional, and certain other employees. The department plans to update the Overtime Rule and is interested in hearing the views and ideas of participants on possible revisions to the regulations.

Upcoming sessions are free, but you must register to attend. The schedule:

Sept. 7, 2018, 10 a.m.-12 p.m.
Intercontinental Buckhead Atlanta
3315 Peachtree Rd NE- Trippe Room
Atlanta, GA

Sept. 11, 2018, 10 a.m.-12 p.m.
Jackson Federal Building
912 2nd Ave., Ste. 566
Seattle, WA

Sept. 13, 2018, 10 a.m.-12 p.m.
Holiday Inn Country Club Plaza
One E 45th St, -Ballroom A/B
Kansas City, MO

Sept. 14, 2018, 10 a.m.-12 p.m.
Remington Arms Room
DFC- Building 41
Denver, CO

Sept. 24, 2018, 10 a.m.-12 p.m.
Rhode Island Convention Center
1 Sabin Street- Room 551A/B
Providence, RI

The department seeks public input on questions such as:

  • What is the appropriate salary level (or range of salary levels) above which the overtime exemptions for bona fide executive, administrative, or professional employees may apply?
    • Why?
  • What benefits and costs to employees and employers might accompany an increased salary level?
    • How would an increased salary level affect real wages (e.g., increasing overtime pay for employees whose current salaries are below a new level but above the current threshold)?
    • Could an increased salary level reduce litigation costs by reducing the number of employees whose exemption status is unclear?
    • Could this additional certainty produce other benefits for employees and employers?
  • What is the best methodology to determine an updated salary level?
    • Should the update derive from wage growth, cost-of-living increases, actual wages paid to employees, or some other measure?
  • Should the Department more regularly update the standard salary level and the total-annual-compensation level for highly compensated employees?
    • If so, how should these updates be made?
    • How frequently should updates occur?
    • What benefits, if any, could result from more frequent updates?

NOTE: The details in this blog are provided for informational purposes only. All answers are general in nature and do not constitute legal advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The author specifically disclaims any and all liability arising directly or indirectly from the reliance on or use of this blog.
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