DOL Request for Information, the Path Forward on Overtime Regulations
ASA Survey on 2016 Overtime Rule Impact
The Department of Labor published a Request for Information seeking information from stakeholders on how it should proceed with a new rulemaking to replace the Obama Administration’s regulation on eligibility for overtime pay.
Currently, the overtime rule is blocked from taking effect by a preliminary injunction issued in November . The Trump Administration has filed its final brief in the appeal of that ruling, and has argued that the Secretary of Labor has the legislative authority to issue a salary threshold, but that the salary threshold set by the Obama Administration was inappropriate. The newly issued RFI begins the process for rulemaking to set a new salary threshold.
Responses are due to the Department of Labor by September 25, 2017. In particular, the Department seeks comment on and information relating to the following questions. We ask that you take a few moments to share with us your opinions on this topic. The full RFI can be viewed here.