New Federal Overtime Rules--How Has Industry Been Affected?

A New Look at the 2016 Fair Labor Standards Act Rules for Overtime Pay

Last year, the US Department of Labor briefly put into effect a rule raising the salary requirements for exempt employees to $47,476 annually, more than doubling the previous levels. That rule was immediately suspended by a federal court. Now, the new Labor Secretary Alexander Acosta says he will not enforce that rule. He is taking a new look at the issue. NNA will provide feedback. We need your help. Please tell us how the rules would have affected you. We also seek your opinion on new rules.

No individual responses will be used in public comments unless we contact you for consent.

Thank you! If you have more to say than you can fit onto this page, please write Tonda Rush, tonda@nna.org

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* 1. The change would have affected many newsroom employees who were previously considered exempt (not eligible for overtime pay if they worked more than 40 hours a week.) We would like to know what preparations your company made for newsroom staffers to comply IF the rule had gone into effect. Please check all that apply.

We eliminated staff positions so we could afford overtime for remaining staff

We planned to cut back coverage to keep everyone to 40 hours a week

We budgeted for some overtime pay without changing base salaries of affected staff

We lowered base pay for affected staff so we could plan on a set amount of overtime each week

We raised some staff to $47,476 so they would remain exempt

We did nothing, but had a plan ready to implement if the rule went into effect for good

We did nothing, but were concerned about being in violation of the rules

We would not have been affected. All exempt staff in our newsroom were already over $47,476 in base pay

Other (please specify)

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* 2. Other staff at the newspaper may also have been affected, such as inside sales people or circulation executives. Did you take any action with respect to anyone outside the newsroom? If so, please describe.

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* 3. Did the challenge of handling the new threshold salary create any morale issues on your staff? Please check all that apply

Journalists who had considered themselves professionals felt demoted to hourly pay

Journalists became concerned about having the time to cover their beats adequately

Staff had an unrealistic expectation of overtime pay, which we could not include in budget

Staff became concerned about layoffs and reduction in force

The uncertainty of the new rule made it difficult for all departments to plan future work

Other concerns?

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* 4. In general, what was your reaction as a business leader to the new overtime pay threshold increase to $47,476?

Our company supported the increase

Some increase was needed, but this was too much, too fast

This increase is geared to urban wages, not small towns where we publish. We need a regional scale

The market should set wages, not the federal government. The Labor Department should leave the threshold where it is

Other thoughts?

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* 5. In general, what are your main concerns about complying with the Fair Labor Standards Act? Please rank, with 1 being highest

It is too complex and confusing

We cannot afford overtime

We cannot cover the community adequately within our budget

We could be subjected to a lawsuit in retaliation for disciplining or firing staff

We don't know where to get help without creating exposure for the newspaper

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* 6. With respect to overtime pay eligibility for your newsroom staff, in particular, which corrections to federal law would help your company to fulfill its mission in the community for covering the news? Here are some objectives NNA has considered. Please rank them, with 1 being highest

Clearly classifying community newspaper newsroom journalists as professionals so they would be exempt workers under the FLSA

Allowing comp time that could be banked during busy times and paid back during slow seasons

Keeping the salary threshold as low as possible, with reasonable inflation adjustments

Creating a regionally-adjusted salary schedule so that professionals in smaller areas would not be on the same salary schedule as urban professionals

Phasing in any adjustments to the salary threshold over 2-5 years

Allowing comp time to be paid within a month, and not just adjusted within a pay period

Others? Please give us thoughts in the general comments section below.

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* 7. The Labor Department does not consider most community newspaper journalists to be exempt because their work is considered routine, primarily covering meetings and reporting facts. This view grew out of several court opinions in which the real work of local journalists was not well explained. Thinking about the type of work your journalists do and the skill sets that you require, please describe their work by considering the possibilities below and elaborating as needed.

Reporters are also editors, making news judgments

Reporters may lay out news pages and assist with design of the paper

Reporters write personal columns or feature stories

Reporters participate in some management decisions, such as deciding how many pages should be in an issue

Reporters help with training, such as working with interns

Reporters at our paper generally have college journalism degrees

Reporters at our paper generally have college degrees, though not in journalism

Reporters at our paper generally have advanced education beyond high school, such as community college

What other work by your reporting staff would you qualify as "creative" or "professional" work?

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* 8. Do you have any comments on this topic that will help the NNA Board of Directors to chart a public policy position?

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* 9. Are your newspapers NNA members?

Yes

No, but we are interested in joining to help with this issue

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* 10. Does your company have fewer than 50 employees?

Yes

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* 11. Please describe your newspaper ownership structure.

Large corporate group (20 titles or more)

Small corporate group (20 titles or fewer, but not family-owned)

Family owned small group (clustered in a localized area)

Family-owned single title

Not-for-profit or school/university-owned

Other structure? Please describe

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* 12. Please identify yourself. Identities will not be made public but anonymous responses will not be counted.

Name

Company

Address

Address 2

City/Town

State/Province

ZIP/Postal Code

Country

Email Address

Phone Number