In the ongoing journey towards a possible rewrite of the white-collar exemptions contained in the “Overtime Rule,” the Department of Labor recently announced an upcoming series of listening sessions being held around the country to gather input from all those interested, primarily employers. FN1
Currently, certain salaried, professional employees are exempt from federal overtime rules if they make at least $455.00 per week, or $23,660.00 per year.FN2 As this blog has discussed,FN3 the Obama Administration, in late 2016, issued a controversial rule change which proposed to double the minimum salary threshold for the exemption to apply. A federal judge struck down the proposed change and the incoming administration took issue with the rule, and it has been in limbo ever since.
The schedule of listening sessions is as follows:
· September 7, 2018, Atlanta, Georgia, 10:00 a.m.-12:00 p.m.
· September 11, 2018, Seattle, Washington, 10:00 a.m.-12:00 p.m.
· September 13, 2018, Kansas City, Missouri, 10:00 a.m.-12:00 p.m.
· September 14, 2018, Denver, Colorado, 10:00 a.m.-12:00 p.m.
· September 24, 2018, Providence, Rhode Island, 10:00 a.m.-12:00 p.m.
Request for Feedback by September 12, 2018
Campbell Litigation will send a representative to the Denver listening session. We encourage you to send us your thoughts by September 12, 2018 to let us know what level of an increase in the minimum salary threshold you believe is appropriate. We will present your comments at the listening session.
For those interested in attending one or more of these sessions, please click on this Link[https://www.eventbrite.com/e/overtime-rule-listening-sessions-tickets-49216139799] for the registration page (there is no fee to attend).
Campbell litigation is committed to continuing coverage of the DOL’s actions related to the potential rewrite of the white-collar exemptions contained in the “Overtime Rule” – stay tuned.
FN2: See 29 U.S.C. § 213(a)(1).
FN3: Rocky Mountain Employer, DOL Seeks Time to Rewrite White Collar Overtime Exceptions, Rocky Mountain Employer Blog (Nov. 2, 2017), http://www.rockymountainemployersblog.com/blog/2017/11/2/dol-seeks-time-to-rewrite-white-collar-overtime-exceptions.
Rocky Mountain Employer, Obama-Era Increase in Minimum Salary Level for Overtime Exemption Officially Invalidated, Rocky Mountain Employer Blog (September 14, 2017), http://www.rockymountainemployersblog.com/blog/2017/9/14/obama-era-increase-in-minimum-salary-level-for-overtime-exemption-officially-invalidated.
Rocky Mountain Employer, U.S. Department of Labor Weighs in on Increase in “White Collar Exemption” Overtime Salary Threshold, Rocky Mountain Employer Blog (July 13, 2017), http://www.rockymountainemployersblog.com/blog/2017/7/13/us-department-of-labor-weighs-in-on-increase-in-white-collar-exemption-overtime-salary-threshold.
Rocky Mountain Employer, Federal Judge Grants Preliminary Injunction Temporarily Enjoining DOL's December 1, 2016 Overtime Rule, Rocky Mountain Employer Blog (November 22, 2016), http://www.rockymountainemployersblog.com/blog/2016/11/22/federal-judge-grants-preliminary-injunction-temporarily-enjoining-dols-december-1-2016-overtime-rule.