NAICU Washington Update

Department of Labor Seeks Comments on Overtime Rules

July 31, 2017

The Department of Labor’s Wage and Hour Division has published a Request for Information (RFI) on the overtime regulations in the Federal Register.  The rule set forth during the Obama Administration remains held up in the courts.
The RFI invites public comments on a variety of questions related to the overtime salary level, including identifying exempt versus non-exempt employees, setting a new salary level, and whether a different salary level would be more effective.  The comment period is 60 days from the July 26 publication of the RFI in the Federal Register.
The College and University Professional Association for Human Resources (CUPA-HR) took the lead on filing comments for the higher education association community during the Obama Administration’s attempt to increase the overtime salary threshold.  NAICU joined that effort, and will partner again with CUPA-HR on the current request.  Individual institutions should consider weighing in on this important request.
While the next steps in the process are unclear, providing comments to the Department of Labor, especially from nonprofits and small businesses, may lead to a new proposed rule on overtime from the Trump Administration that is adaptable, incremental, and less severe than what was proposed in during the Obama presidency.

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