As expected, the U.S. Department of Labor (DOL) has published a Request for Information (RFI) based in part on the overtime rule that was finalized in 2016. This RFI formally invites public comment, data, and information on, among other areas, an appropriate salary level for bona fide executive, administrative, and professional exemptions allowed under the Fair Labor Standards Act (FLSA).
Labor Secretary Alexander Acosta has suggested that the DOL is likely to propose a new version of the overtime rule that increases the salary threshold, but not as high as the $913 per week set forth under the previous rule.
The DOL is using this RFI to invite public comment on eleven specific, multi-part questions, including:
- Should the DOL consider multiple salary thresholds, based on factors such as employer size, census region, state, metropolitan statistical area, or some other method?
- Should the regulations set different salary thresholds for the executive, administrative, and professional exemptions?
- What strategies did employers adopt to address situations where employees would become eligible for overtime pay under the 2016 rule?
- Would using a “duties” test alone to determine eligibility for an exemption (not considering the salary) be preferable, and, if so, what duties should be included?
- Should the salary threshold be automatically updated periodically, and, if so, how should those updates be calculated?
I’ll post more information once I’ve had a chance to review the RFI, and more specifically the details of each question.
By publishing this RFI, the DOL has shown it believes public input will be very valuable as they develop the next proposed overtime rule, and that issuing a new rule with a reasonable salary threshold is a priority.
The 60-day comment period for all issues raised in the RFI begins July 26, 2017, and ends on September 25, 2017. A copy of the RFI is available at http://bit.ly/2tLfzn7.
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Disclaimer: This content is for informational purposes only, does not constitute a legal opinion, and is not legal advice. The facts of each situation should be considered and analyzed individually. Therefore, you should always consult with competent employment counsel regarding any issues discussed here.
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