DOL Seeks Input on Overtime Rule

The Department of Labor is asking for public input as it considers revising a controversial overtime rule that was finalized under President Obama.

The agency published its request for information on the Federal Registry. It seeks input on formulating a proposal to revise regulations which define and delimit exemptions from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime requirements for certain employees.

Specifically, the agency seeks feedback on the salary level, the duties that determine who qualifies for overtime pay, varying costs of living across the U.S., and whether to include non-discretionary bonuses and incentive payments in the salary level. The rule issued during the Obama administration more than doubled the FLSA’s annual wage threshold for who can qualify for overtime—moving from $23,660 to $47,476. It was blocked from taking effect in December by a Texas district court order.

In briefs filed late last month, the Trump administration asked the 5th U.S. Circuit Court of Appeals to uphold the Department of Labor’s legal authority to set a salary threshold, but not to rule on the validity of the specific salary threshold created by the Obama-era rule.

Source: The Hill