Do Not Miss Your Chance to Comment on the Overtime Rule

Employers have a win-win opportunity that they should not miss. The overtime Rule that had been on hold for months was recently declared invalid, and employers have another opportunity to influence any change in the regulations.

As many of you already know, under the previous administration, a Rule was implemented that increased the salary level threshold necessary for certain exemptions from $455 per week to $913 per week. Just prior to its effective date, however, a Texas Court intervened and put the Rule on hold. While that was pending in court, the Department of Labor (under a different administration) issued a Request for Information asking for comments on the FLSA “white collar” exemptions, giving us an indication that changes to the salary threshold or the duties test could be on the horizon.

Less than a week ago, on August 31, 2017, a Texas federal court struck down the Rule that had been on hold for months. This means that the prior rules for determining an employee’s “exempt” status (including the duties test and salary threshold of $455 per week) will remain in effect.

While the striking down of the Rule was a “win” for employers, employers have another opportunity that they should not miss—the Request for Information that was previously issued still remains pending. It is possible that the DOL implement a new rule with an increased salary threshold (albeit below the $913 mark that the court just struck down), or a different duties test. So now is your chance to voice your opinions and concerns about the impact that changes could have on you or your business.

The Request for Information can be found here. It specifies the instructions for submitting comments (which can be submitted online), and also provides some background information on the salary level test and overtime. Additionally, it sets forth the 11 questions that the DOL is specifically seeking public comment on. You are not required to comment on all or any of the specified questions to actually submit a comment.

You can submit a comment by following the instructions here, or you may submit a comment electronically here.

This is an opportunity to try to influence a regulation before it actually becomes one. The public comment period is open until September 25, 2017.

Cristina E. Groschel and Bruce E. Loren of Loren & Kean Law are based in Palm Beach Gardens and Ft. Lauderdale. Loren & Kean Law is a boutique law firm concentrating in construction law and employment law. Ms. Groschel focuses her practice on labor and employment law, representing the interests of employers and business owners. She has represented businesses in a wide range of disputes, including DOL investigations, discrimination claims, and state and federal wage litigation. Ms. Groschel is also certified as a Professional in Human Resources (PHR). Ms. Groschel and Mr. Loren can be reached at [email protected] or [email protected] or 561-615-5701.