On May 25, 2023, the Partnership to Protect Workplace Opportunity and 104 employer organizations that represent a wide range of stakeholders from the private, public, and education sectors sent a letter to DOL urging the agency to abandon or at least postpone issuance of its anticipated proposed rulemaking altering the overtime regulations under the FLSA.
As we explain in the letter, “Even though the COVID-19 public health emergency has been lifted, concerns with supply chain disruptions, workforce shortages, inflationary pressures, and the shifting dynamics of the American workforce persist, and any rule change now would threaten a particularly vulnerable and recovering economy.”
On January 25, 110 employer organizations sent a letter to Secretary of Labor Marty Walsh urging the Department of Labor (DOL) to hold stakeholder meetings prior to the development and issuance of its anticipated proposed rulemaking on the “white collar” exemptions to the overtime regulations under the Fair Labor Standards Act.
In the letter the organizations explain, “This will be a significant rulemaking with respect to cost, difficulty in implementation and impact on the workforce, particularly given the current acute labor shortages. Our organizations urge DOL to follow past precedents and hold meetings with the regulated community to obtain input on the potential impact of any changes to the overtime exemption requirements.”
DOL would benefit from stakeholder input on the current economic situation and the potential impact new overtime regulations could have on the workforce and economy. Past administrations have held such meetings, and the employer organizations strongly urge the Biden DOL to follow suit. Given the vast increases in remote work and concerns around historic increases in inflation, it is particularly important for DOL to gather input before issuing a proposed regulation.
On May 21st, the Partnership to Protect Workplace Opportunity submitted comments to the U.S. Department of Labor responding to the proposed rulemaking that was issued on March 22, 2019.
On August 22nd, the Partnership to Protect Workplace Opportunity submitted comments to Pennsylvania’s Department of Labor and Industry responding to the proposed rulemaking that was issued on June 23, 2018.
On September 25, the Partnership to Protect Workplace Opportunity submitted comments to the Department of Labor responding to the Request for Information that was published in the federal register on July 26, 2017.
On June 16th, the Partnership to Protect Workplace Opportunity sent a letter to Secretary of Labor Alexander Acosta congratulating him on his recent confirmation as well as reiterating concern with the salary threshold update.
On September 28th, the Partnership to Protect Workplace Opportunity sent a letter of support of H.R. 6094, the “Regulatory Relief for Small Businesses, Schools, and Nonprofits Act” to the U.S. House of Representatives. This bill would provide a six-month delay in the implementation date of the overtime regulation, establishing the new effective date as June 1, 2017 and such a delay would be helpful as employers attempt to comply with the new regulation and absorb its impact.
On August 3, 2016, the Partnership to Protect Workplace Opportunity sent a letter of support to Rep. Kurt Schrader thanking him for the introduction of H.R. 5813, the “Overtime Reform and Enhancement Act.” The bill would provide employers and employees important relief from the negative impacts of the Department of Labor’s final overtime rule.