U.S. Department of Labor Requests Public Input on Overtime Regulations

07/25/17

The U.S. Department of Labor announced today that they will publish a Request for Information for the overtime rule on Wednesday, July 26.

In the news release, USDOL announced:

“The RFI is an opportunity for the public to provide information that will aid the department in formulating a proposal to revise these regulations which define and delimit exemptions from the Fair Labor Standards Act’s minimum wage and overtime requirements for certain employees.

“The RFI solicits feedback on questions related to the salary level test, the duties test, varying cost-of-living across different parts of the U.S., inclusion of non-discretionary bonuses and incentive payments to satisfy a portion of the salary level, the salary test for highly compensated employees, and automatic updating of the salary level tests.”

In the RFI, the USDOL said that gathering public input will greatly aid in the development of a Notice of Proposed Rulemaking and help the department to move forward with rulemaking in a timely manner.

“The nature of the questions makes it clear that the current Administration and Secretary of Labor want additional input on these questions, and want to give due consideration to the impact these regulations will have on all employers,” said Byrona Maule, Director and Co-Chair of Phillips Murrah’s Labor & Employment Practice Group. “Replies to these questions are one of the key ways that the Administration can gauge how the regulation will impact companies.”

The public will have a 60-day public comment period from the date the RFI is published in the Federal Register.

  • For a sneak peak at the questions, which will be published in the Federal Register tomorrow, click here.
  • To view instructions on submitting public comments contained in the RFI document, which you can view here.
  • Comments may also be submitted electronically at http://www.regulations.gov.