Not happy with last year’s proposed changes to the Fair Labor Standards Act? As employers we were all in a tizzy trying to determine how to implement the changes that were to be put into place, only to learn at the last minute they were not going to be enforced and alleged that the DOL did not have the authority to make the changes they wished to change. Fast forward to Fall 2017 and where are we with these FLSA changes? Is this something we no longer have to worry about?
Let’s first give a brief history. As we are all aware, the December 1, 2016 FLSA changes to overtime rules were never enacted. An emergency injunction by a Texas federal judge halted the FLSA overtime rule that would have increased the salary level for non-exempt employees to $47,476 per year ($913 per week). In January 2017, the Department of Labor (DOL) filed a motion to stop the lawsuit, but it was denied. The DOL was given multiple extensions to reply, and as of June 30th nothing was submitted making the law “dead” in its tracks. The DOL has since indicated they are beginning a new rule-making process for the FLSA.
In June 2017, Labor Secretary Alexander Acosta announced the DOL would submit a Request for Information (RFI) on the overtime rule. This is a tool used to get public input for a proposed rule change. So….starting now until September 25, 2017, you can have a voice in shaping the ‘rule that never changed’. The doors are open and the DOL is currently seeking public comment on the overtime rule by publishing a Request for Information (RFI).
Now is the time to make your feelings known on this very important piece of legislation. Until (or if) a change is made, employers are still responsible for following the FLSA rules for overtime put in place in 1938 (with a few minor changes in the 1950s). Be sure you are following the regulations of this important law while we wait for the next proposed changes. A link to the a reference guide created by the DOL can be found here.
Are you hesitant when it comes to navigating FLSA and other federally mandated rules and regulations? Strategic HR, inc. understands your uncertainty. Ask us for assistance for any of your benefits and compensation needs. Please visit our Benefits & Compensation page for more information on any of these services.