DOL to Hold Listening Sessions on 2016 Overtime Rule

On Aug. 28, the U.S. Department of Labor’s Wage and Hour Division announced that it will hold several listening sessions to hear public feedback on white-collar exemption regulations, often referred to as the overtime rule. Issued under the Fair Labor Standards Act, these regulations implement exemptions from overtime pay requirements for executive, administrative, professional and certain other employees.
The DOL’s WHD will hold five listening sessions that are free and open to the public; however, participants must register to attend the sessions. 

WHD will hold the first session in Atlanta on Sept. 7, followed by sessions in Denver; Kansas City, Mo.;  Providence, R.I.; and Seattle. Details on these sessions can be found on the DOL website.


Had it gone into effect, the Obama DOL’s 2016 final overtime rule would have changed the federal exemptions to overtime pay under the Fair Labor Standards Act for "white-collar" workers by doubling the current minimum salary level for exemption from $23,660 to $47,476 per year and automatically increasing it every three years. 

However, on Aug. 31, 2017, the U.S. District Court for the Eastern District of Texas granted a motion for summary judgment against the final overtime rule and converted its earlier preliminary injunction (issued Nov. 22, 2016) to a permanent injunction, blocking the rule from going into effect. ABC participated in the legal challenge that resulted in the court overturning the rule.

On July 26, 2017, the WHD published a request for information on the 2016 final rule. ABC submitted comments and also filed comments as a member of the Partnership to Protect Workplace Opportunity.   

According to the Trump administration’s Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions, WHD will publish a notice of proposed rulemaking to determine what the salary level for exemption should be in January 2019.