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DOL to Conduct Overtime Rule Listening Sessions in Multiple Cities in September 2018

The U.S. Department of Labor (DOL) will be conducting listening sessions in five different cities across the United States in September 2018 to gather views concerning potential revisions to the white-collar exemption regulations under the federal Fair Labor Standards Act (FLSA).

The DOL’s Wage and Hour Division (WHD) will conduct the sessions, which are part of an ongoing process to revise the regulations found at 29 CFR Part 541. Most notably, these regulations address the salary and job duties requirements applicable to the executive, administrative, and professional exemptions from the FLSA’s overtime requirements.

Currently, the minimum salary level for the exemptions under the regulations is $455 per week, which annualizes to $23,660 per year. Increasing that minimum salary level has been a subject of much controversy over the past several years. When former president Obama was in office, the DOL issued a final regulation that would have increased the weekly salary requirement to $913 per week, which annualizes to $47,476 per year. That regulation was scheduled to become effective on December 1, 2016, but it was blocked by a federal court.

In late July 2017, the Trump DOL published a detailed request for information (RFI) regarding possible changes to the Part 541 regulations. The comment period ended on September 25, 2017. According to the DOL’s regulatory agenda, the WHD intends to issue a notice of proposed rulemaking concerning the Part 541 regulations in early 2019.

The upcoming listening sessions will provide the public with another opportunity to offer suggestions regarding the Part 541 regulations. The WHD has created a web page that lists where and when the sessions will be held, and also identifies several questions with respect to which input will be sought.

Here is the schedule for the listening sessions:

Friday, September 7, 2018, 10:00 a.m. – 12:00 p.m.

InterContinental Buckhead Atlanta
3315 Peachtree Road Northeast, Trippe Room
Atlanta, GA 30326

Tuesday, September 11, 2018, 10:00 a.m. – 12:00 p.m.

Jackson Federal Building
912 2nd Avenue, Suite 566
Seattle, WA 98104

Thursday, September 13, 2018, 10:00 a.m. – 12:00 p.m.

Holiday Inn Country Club Plaza
One East 45th Street, Ballroom A/B
Kansas City, MO 64111

Friday, September 14, 2018, 10:00 a.m. – 12:00 p.m.

Remington Arms Room
One Denver Federal Center, Building 41
Denver, CO 80225

Monday, September 24, 2018, 10:00 a.m. – 12:00 p.m.

Rhode Island Convention Center
1 Sabin Street, Room 551A/B
Providence, RI 02903

Although there is no fee to attend any of the listening sessions, registration is required.

© 2020, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume VIII, Number 239



About this Author

Steven F. Pockrass, Ogletree Deakins, Employment Solutions Lawyer, Wage Related Issues Attorney

Steven (“Steve”) Pockrass is Co-Chair of the firm’s Wage and Hour Practice Group. In this position, he helps clients and attorneys throughout the firm deliver proactive and responsive solutions to federal and state wage-hour questions and concerns.  Steve coordinates wage-hour resources within the firm and works on a variety of wage-related issues, ranging from evaluating whether certain job positions are properly classified to defending collective and class actions.  In addition to focusing on the complexities and nuances of the federal Fair Labor Standards Act, he...