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ASA Calls for an Extension Request for Proposed Overtime Rule

On September 8th, the U.S. Department of Labor (DOL) published the proposed changes to the salary threshold for overtime exemption in the federal register and provided 60 days to comment (the comment period closes on November 7th).  We do not believe 60 days is enough time for the employer community to pull together data and adequately respond to the proposal, thereby, we are requesting an additional 60 days.

ASA, along with the Partnership to Protect Workplace Opportunity (PPWO), wrote to DOL requesting a 60-day extension to the comment period on the agency’s proposed rulemaking to provide the regulated community with sufficient time to analyze and respond to the Wage and Hour Division’s (WHD) proposed changes to the overtime pay exemptions for executive, administrative, professional, outside sales, and computer employees.

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, the Partnership is dedicated to advocating for the interests of its members in the regulatory debate on changes to the Fair Labor Standards Act 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.

The proposed rulemaking includes a nearly 55% increase in the minimum salary threshold and automatically updates the threshold every three years. These are significant changes that will have a massive impact on the economy and millions of current and future workers. Additional time is needed in the comment period to allow the regulated community to analyze the rulemaking, fully assess the potential impact the changes will have on the economy, business operations, and workers, and develop comprehensive comments. An additional sixty days will ensure WHD will receive more accurate and informative comments and better understand how the economy and workers will be impacted by the changes being considered.