Letter to the Department of Labor Requesting Stakeholder Meetings Prior to Development and Release of Proposed New Overtime Regulations under the Fair Labor Standards Act
The 110 undersigned organizations, which represent a wide range of employers from private industry, states, municipalities, universities, colleges, k-12 schools and non-profits, write to request the U.S. Department of Labor (“DOL”) hold stakeholder meetings prior to the development and issuance of its anticipated Notice of Proposed Rulemaking (“NPRM”) on the “exemption of bona fide executive, administrative, and professional employees from the Fair Labor Standards Act’s minimum wage and overtime requirements” (also known as the “white-collar” exemptions). In the Fall 2021 Regulatory Agenda, DOL’s Wage and Hour Division announced its plans to issue an NPRM modifying the white-collar overtime exemptions in April 2022. This will be a significant rulemaking with respect to cost, difficulty in implementation and impact on the workforce, particularly given the current acute labor shortages. Our organizations urge DOL to follow past precedents and hold meetings with the regulated community to obtain input on the potential impact of any changes to the overtime exemption requirements.