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The U.S. Department of Labor (DOL)’s Wage and Hour Division recently published a Request for Information (RFI) related to the overtime final rule. This is likely the first step in issuing a revised proposed overtime exemption rule. The public has the opportunity to submit comments on the RFI until Sept. 25, 2017.

ABC’s general counsel, Littler Mendelson P.C., provided an analysis of DOL’s RFI.

The Obama administration issued the overtime final rule on May 18, 2016, which would have changed the federal exemptions for 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. 

In September 2016, ABC and a coalition of business groups filed a lawsuit against the rule in the U.S. District Court for the Eastern District Court of Texas, which on Nov. 22 issued a preliminary injunction blocking the final rule from going into effect. ABC’s lawsuit remains pending.
ABC has been a vocal opponent of the overtime rule and submitted comments along with more than 900 ABC members opposing the rule. ABC supported legislation that would prevent DOL from implementing the rule and that would have delayed its implementation and submitted comments as a member of the Partnership to Protect Workplace Opportunity as well.