IWLA members need to contact their senators and representatives immediately and ask that they prevent the U.S. Department of Labor (DOL) from imposing unnecessary and harmful changes to the existing “overtime rule.”
Currently, employers are required to pay overtime to all employees who make $23,660 or less per year. The proposed rule, issued by DOL’s Wage and Hour Division, would raise the salary threshold and require employers to pay overtime for all employees who make $50,440 or less per year. Implementation of this rule will affect nearly 5 million employees would suddenly become eligible for overtime pay. This 113 percent increase in the salary threshold would place a large burden on business owners and their workers, and is a major departure from previous DOL policy.
DOL is also considering indexing the minimum salary in order to annually raise the salary threshold and avoid increasing the salary itself through the longer notice-and-comment rulemaking process. Automatic increases don’t take into account economic circumstances and could aggravate future economic downturns.
DOL has asked for input on the primary duties test used to determine whether an employee’s primary tasks qualify them as exempt. However, DOL didn’t propose specific changes in the rule –only a series of questions. Any changes included in a final rule would be made without adequate public review or comment.
The Protecting Workplace Advancement and Opportunity Act (S. 2707/H.R. 4773) would require DOL to perform additional analysis on the impact the agency’s proposed changes to the overtime regulations would have on employees, businesses and the economy. It would also require a federally mandated review and comment period for any proposed changes to the duties test and block any automatic annual increases to the salary threshold.
As considerations of this misguided proposed rule move forward, it’s critical that you reach out to your members of congress immediately and demand that they support the Protecting Workplace Advancement and Opportunity Act.
Don’t delay, click here to send your letter today!