Now’s the time for employers to provide input on Fair Labor Standards Act regulations

The implementation of the new overtime rule that was set to go into effect in December 2016 has been stayed, and the U.S. Department of Labor, now under the leadership of Trump appointee Alexander Acosta, has decided not to advocate for the increased salary level proposed by that rule. And while Secretary Acosta has previously said that the Fair Labor Standards Act’s “white collar” overtime exception rule is due for an update, he’s signaled that a more modest salary threshold likely would be appropriate.

In a Q&A with The Oklahoman, labor and employment attorney Paige Hoster Good discussed the administration’s plans to address the issue going forward, saying that the DOL has followed up on Acosta’s previous statements by issuing a request for information that seeks the input of employers and other members of the public before it makes any proposed changes to the FLSA’s regulations.

“Employers who will be affected by any changes to the current white-collar exemption are encouraged to respond to the DOL’s request for information by the Sept. 25 deadline and, as necessary, seek legal counsel in crafting those comments,” said Good. “While the public will have an opportunity to comment on the new proposed rule after it’s published, now is the time to provide the initial input that likely will shape the newly proposed rule.”