DOL's New Overtime Proposal: SHRM Provides Written Comments


May 21, 2019

​Today, the Society for Human Resource Management (SHRM) provided the Department of Labor with comments on its proposed revisions to the employee exemptions under the Fair Labor Standards Act.

Changes to the overtime regulations affect the workplaces of nearly every one of SHRM's 300,000+ members, and SHRM's comments are joined by 51 affiliated state councils.

Per the DOL's proposed overtime revisions, SHRM:

  • Supports the DOL's proposed update to the overtime rules, which allows employers to craft policies regarding compensation and flexibility that drive employee engagement.
  • Agrees with the DOL's decision to retain the current duties test and adjust the nationwide salary level using the same methodology used in previous rulemakings—without regional variation.
  • Urges the DOL to adjust the regular rate regulations with the rulemaking and provide at least 120 days for implementation for any final rule.

SHRM opposed the 2016 Final Rule on overtime exemptions which would have fundamentally changed the rules for employee classification and has since been invalidated by the U.S. District Court of the Eastern District of Texas in their August 31, 2017 decision.

SHRM's full comments can be found online here

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