Businesses can share their views on the federal overtime exemption rule now that the U.S. Department of Labor has issued a request for information from employers.
The law firm Jackson Lewis, NJBIA’s legal hotline provider, describes the move as a preliminary step toward replacing the Dec. 1 rule, which changed the standards for “white collar” exemptions to overtime. The department is particularly seeking input on what the minimum salary should be to qualify for the exemption and how those salary levels should be determined.
The U.S. Labor Department, however, may not wait for the courts. Like all federal agencies, it has been directed to repeal, replace, or modify regulations that “are outdated, unnecessary, or ineffective,” and “impose costs that exceed benefits.” The overtime rule is clearly on the list.
“The RFI offers an excellent opportunity for employers to express their opinions on the appropriate salary level and the impact of the Final Rule,” Jackson Lewis says.