ARA Signs Comment to DOL to Change Criteria for Overtime Requirement
May 21 2019
ARA signs a Partnership to Protect Workplace Opportunity (PPWO) comment to the Wage and Hour Division of the U.S. Department of Labor (DOL). The comments are on the proposal to change the criteria for the executive, administrative, professional, outside sales, and computer employee exemptions from the overtime requirements under the Fair Labor Standards Act (FLSA). The PPWO supports the Department’s proposal to rescind the 2016 Final Rule and revert to the 2004 methodology in setting the salary threshold for determining exempt status, yielding a standard salary threshold of $35, 308/year, or $679/week. The PPWO requests that the Department uncap the percentage of salary threshold that can be satisfied by commissions and nondiscretionary bonuses and that the Department harmonizes the types of compensation that can be considered to satisfy the salary thresholds with the regular rate regulations. The PPWO further requests that the Department not increase the HCE threshold. Finally, the PPWO requests that the Department provide a minimum of 180 days to implement any changes.