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Big ‘I’ Pushes Back on Potential DOL Update to Overtime Regulations

The Big ‘I’ joined other organizations to send a letter to the U.S. Department of Labor stating that any rule change altering overtime regulations at this time would be ill-advised.
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big ‘i’ pushes back on proposed dol update to overtime regulations

This week, the Big “I" joined the Partnership to Protect Workplace Opportunity (PPWO) in sending a letter to the U.S. Department of Labor's (DOL) Wage and Hour Division urging them to abandon or at least postpone the issuance of its announced proposed rulemaking, which would alter the overtime regulations under the Fair Labor Standards Act (FLSA).

The PPWO is a coalition of a diverse group of associations, businesses and other stakeholders representing employers with millions of employees across the country in almost every industry. Formed in 2014, PPWO is dedicated to advocating for the interests of its members in the regulatory debate on changes to the FLSA overtime regulations.

PPWO's members believe that employees and employers alike are best served with a system that promotes maximum flexibility in structuring employee hours, career advancement opportunities for employees and clarity for employers when classifying employees.

In the letter to DOL, the more than 70 organizations that signed noted that due to significant concerns with supply chain disruptions, workforce shortages, inflationary pressures and the shifting dynamics of the American workforce following the COVID-19 pandemic, any rule change at this time would be ill-advised.

Importantly, the letter also noted that DOL last updated the overtime regulations only three years ago, which means there is no need for urgency to issue more changes.

In the Fall 2021 Regulatory Agenda, DOL announced that it planned to issue a Notice of Proposed Rulemaking (NPRM) regarding the “exemption of bona fide executive, administrative, and professional employees from the Fair Labor Standards Act's minimum wage and overtime requirements," also known as the “white-collar" exemptions.

In anticipation of the NPRM and in addition to sending this letter to the DOL, the Big “I" also met recently with DOL and made clear that the economy today cannot support changes to the white-collar exemptions under the FLSA.

As DOL continues to consider making changes to its overtime rules, the Big “I" will continue to provide updates through the weekly News & Views e-newsletter. 

Wyatt Stewart is Big “I" assistant vice president of federal government affairs.