On July 26, 2017, the Department of Labor (DOL) published a Request for Information (RFI) on federal overtime pay regulations. Comments will be accepted until September 25, 2017.
The following questions can help you consider any or all issues to address in your comments:
- What were your positive and negative experiences as a nonprofit preparing for the 2016 Overtime Rule Changes?
- How did this rule change affect your organization's ability to carry out its mission? Were there any financial impacts to note?
- How did this change affect you as an employee or your employees (if you are a manager)?
- The final rule set the salary threshold for exemption at $47,476 per year. Should this be the national standard or should it be a different amount?
- Should the DOL consider different salaries based on regional differences? (e.g. the 2004 salary was based on salaries in the South and for the retail industry)
- Should the regulations have multiple standard salary levels? How should these level be set? (e.g. sector, industry, number of employees, budget, etc.)
- Should DOL make changes to the duties test or how it relates to the salary test?
For more information on how to draft comments, read Taking the Mystery Out of Filing Comments on Proposed Rules by the National Council of Nonprofits
The RFI is the first action by DOL to update overtime pay regulations under the Fair Labor Standards Act since a federal court enjoined and invalidated 2016 regulations to increase the minimum salary level for exempt employees from $455 per week ($23,660 per year) to $913 per week ($47,476 per year).The judge invalidated the overtime regulations by ruling that the Department of Labor (DOL) exceeded its authority in setting a high salary-level test that denied exemption to eligible employees without consideration of their job duties.Neither the ruling nor the RFI affect the applicability of existing requirements under the Fair Labor Standards Act.