Department of Labor Seeks Information on Revising Overtime Rule

This week the Trump Administration moved forward with revoking or revising the Department of Labor’s (DOL) Overtime Rule promulgated by the Obama administration. On Tuesday the DOL published a Request for Information in the Federal Register to gather information to aid in formulating a proposal to revise regulations pertaining to the 2016 update to overtime rules under the federal Fair Labor Standards Act (FLSA).

The DOL’s final overtime rule was scheduled to go into effect on December 1, 2016 and would raise the minimum overtime eligibility threshold more than 50% to $47,476, annually, but a Federal Court granted a nationwide preliminary injunction sought by two groups of plaintiffs that consist of 21 states and a combination of industry groups lead by the U.S. Chamber of Commerce and National Federation of Independent Businesses. The case remains pending final adjudication in Federal Court.

The RFI is specifically requesting comment on:

  • Is the salary threshold increase too high?
  • Should there be salary threshold discrepancies based on region?
  • Should there be salary threshold discrepancies based on size of employer?
  • Should there be salary threshold discrepancies based job function? (executive, administrative, professional)
  • Should there be changes to the “duties test”?
  • How should non-discretionary bonuses be accounted?

NPMA addressed several of these issues in comments submitted against the Overtime rule in 2015 and will once again be advocating on behalf of NPMA members and submitting comments to protect employers’ businesses and employee flexibility. NPMA will also be working as a member of the Partnership to Protect Workplace opportunity a large and diverse group of national industries advocating for policies that promote business growth and protect employees.