The RFI invites the public to comment on a multitude of questions, including “whether the standard salary level set in that rule effectively identifies employees who may be exempt, whether a different salary level would more appropriately identify such employees, the basis for setting a different salary level, and why a different salary level would be more appropriate or effective.”
Posts tagged ‘FLSA overtime rule’
On June 30, DOL filed its reply brief in the Fifth Circuit in relation to its appeal from the November 2016 federal district court decision granting a preliminary injunction to the Fair Labor Standards Act overtime rule. In the brief, DOL asks the court to affirm that the agency can set a salary threshold, while declining to defend the Obama era rule — stating that it will revise the rule through further rulemaking if the Fifth Circuit confirms DOL’s ability to set a salary threshold.
RFIs are a first step in the regulatory process, and Acosta's comments on the matter suggest DOL is reconsidering the last administration’s approach to updating the overtime regulations. While Acosta did not indicate the exact timing of the RFI, he did say that the agency will publish the request “in the next two to three weeks.”
Recently released data from CUPA-HR’s Professionals in Higher Education Salary Survey give us a good idea of which positions were changed to nonexempt and which positions saw salary increases to get them to the DOL's proposed salary threshold.
Keeping a finger on the pulse of current and emerging higher ed and HR-related trends that may have implications for our students, employees and campus communities is a crucial part of our role as HR professionals. A few members of CUPA-HR’s Corporate Advisory Council have prepared white papers in which they share their insights into emerging trends and issues and how institutions can prepare.
The most common questions we’ve fielded here at CUPA-HR headquarters in response to the new FLSA overtime rule are those related to the exempt/non-exempt status of positions like post docs, resident directors, interns, coaches and partial-year employees. With often odd hours, the nature of the work performed and the difficulty in tracking hours, these positions are giving higher ed a headache. In a recent webinar, Alex Passantino, former acting administrator of the Department of Labor’s Wage and Hour Division and partner at Seyfarth Shaw, shed some light on some of these higher ed-specific positions.