DOL Schedules "Listening Sessions" for Overtime Rule

Author: Michael Cardman, XpertHR Legal Editor

August 27, 2018

The US Department of Labor (DOL) will hold a series of "listening sessions" next month to gather the public's opinion about its plans to update the white-collar exemptions from the overtime requirements of the Fair Labor Standards Act (FLSA).

Last year, the DOL asked the public to weigh in on the overtime rule, posing a series of questions that focused mainly on the minimum salary level for overtime-exempt employees.

More than 214,000 comments were received. Although many of those were probably identical or near-identical submissions from mass campaigns, it seems fair to say that the DOL received ample feedback. So it comes as something of a surprise that the DOL is seeking even more feedback. A request for comment from the DOL had not been returned as of the time of publication.

The DOL intends to issue proposed rules in January 2019. Labor Secretary Alexander Acosta has said the minimum salary level should be "somewhere around $33,000" to account for the rate of inflation since 2004.

Five listening sessions are scheduled:

  • September 7 - Atlanta;
  • September 11 - Seattle;
  • September 13 - Kansas City, Missouri;
  • September 14 - Denver; and
  • September 24 - Providence, Rhode Island.

The listening sessions are free, but interested parties must register to attend. Additional details and registration information can be found here.