83 FR 43825 - White Collar Exemption Regulations; Public Listening Sessions

DEPARTMENT OF LABOR
Wage and Hour Division

Federal Register Volume 83, Issue 167 (August 28, 2018)

The Department of Labor will conduct public listening sessions to gather views on white collar exemption regulations. The Fair Labor Standards Act (FLSA) generally requires covered employers to pay their employees at least the federal minimum wage (currently $7.25 an hour) for all hours worked, and overtime premium pay of not less than one and one-half times the employee's regular rate of pay for any hours worked over 40 in a workweek. The FLSA exempts from both minimum wage and overtime protection ``any employee employed in a bona fide executive, administrative, or professional capacity'' and delegates to the Secretary of Labor the power to define and delimit these terms through regulation.

[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)]
[Proposed Rules]
[Page 43825]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18649]


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DEPARTMENT OF LABOR

Wage and Hour Division

29 CFR Part 541


White Collar Exemption Regulations; Public Listening Sessions

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Notification of public listening sessions.

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SUMMARY: The Department of Labor will conduct public listening sessions 
to gather views on white collar exemption regulations. The Fair Labor 
Standards Act (FLSA) generally requires covered employers to pay their 
employees at least the federal minimum wage (currently $7.25 an hour) 
for all hours worked, and overtime premium pay of not less than one and 
one-half times the employee's regular rate of pay for any hours worked 
over 40 in a workweek. The FLSA exempts from both minimum wage and 
overtime protection ``any employee employed in a bona fide executive, 
administrative, or professional capacity'' and delegates to the 
Secretary of Labor the power to define and delimit these terms through 
regulation.

DATES: The dates, locations, and times for the public listening 
sessions are listed below:

September 7, 2018, Atlanta, Georgia, 10 a.m.-12 p.m.
September 11, 2018, Seattle, Washington, 10 a.m.-12 p.m.
September 13, 2018, Kansas City, Missouri, 10 a.m.-12 p.m.
September 14, 2018, Denver, Colorado, 10 a.m.-12 p.m.
September 24, 2018, Providence, Rhode Island, 10 a.m.-12 p.m.

    Members of the public may attend these listening sessions in person 
up to the seating capacity of the room. The Department will not attempt 
to achieve a consensus view in these listening sessions, but rather is 
interested in hearing the views and ideas of participants.

ADDRESSES: To obtain specific location details and register to attend, 
please visit this link: https://www.eventbrite.com/e/overtime-rule-outreach-sessions-tickets-49216139799.

FOR FURTHER INFORMATION CONTACT: Stephen Davis, Listening Session 
Coordinator, Division of Regulations, Legislation, and Interpretation, 
Wage and Hour Division, U.S. Department of Labor, Room S-3502, 200 
Constitution Avenue NW, Washington, DC 20210; telephone: (202) 693-0406 
(this is not a toll-free number). Copies of this notice may be obtained 
in alternative formats (Large Print, Braille, Audio Tape, or Disc), 
upon request, by calling (202) 693-0023 (not a toll-free number). TTY/
TTD callers may dial toll-free (877) 889-5627 to obtain information or 
request materials in alternative formats.

SUPPLEMENTARY INFORMATION: On July 26, 2017, the Department of Labor 
published a Request for Information (RFI), Defining and Delimiting the 
Exemptions for Executive, Administrative, Professional, Outside Sales 
and Computer Employees. See 82 FR 34616. The RFI was one opportunity 
for the public to provide information to aid the Department in 
formulating a proposal to revise the white collar exemption 
regulations. Public listening sessions will provide further opportunity 
for the public to provide input on issues related to the salary level 
test, such as:
    1. What is the appropriate salary level (or range of salary levels) 
above which the overtime exemptions for bona fide executive, 
administrative, or professional employees may apply? Why?
    2. What benefits and costs to employees and employers might 
accompany an increased salary level? How would an increased salary 
level affect real wages (e.g., increasing overtime pay for employees 
whose current salaries are below a new level but above the current 
threshold)? Could an increased salary level reduce litigation costs by 
reducing the number of employees whose exemption status is unclear? 
Could this additional certainty produce other benefits for employees 
and employers?
    3. What is the best methodology to determine an updated salary 
level? Should the update derive from wage growth, cost-of-living 
increases, actual wages paid to employees, or some other measure?
    4. Should the Department more regularly update the standard salary 
level and the total-annual-compensation level for highly compensated 
employees? If so, how should these updates be made? How frequently 
should updates occur? What benefits, if any, could result from more 
frequent updates?

    Dated: August 23, 2018.
Melissa Smith,
Director, Division of Regulations, Legislation and Interpretation.
[FR Doc. 2018-18649 Filed 8-27-18; 8:45 am]
 BILLING CODE 4510-27-P