83_FR_43992 83 FR 43825 - White Collar Exemption Regulations; Public Listening Sessions

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)

Page Range43825-43825
FR Document2018-18649

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 Issue 167 (Tuesday, August 28, 2018) 
[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

Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Proposed Rules 43825 (4) State each reason why the troubled the seating capacity of the room. The wages paid to employees, or some other institution cannot meet the standard set Department will not attempt to achieve measure? forth in § 1231.3(e)(2). a consensus view in these listening 4. Should the Department more (f) Waiver of form or content sessions, but rather is interested in regularly update the standard salary requirements. FHFA may waive or hearing the views and ideas of level and the total-annual-compensation modify any requirement related to the participants. level for highly compensated form or content of a request or notice, employees? If so, how should these in circumstances deemed appropriate by ADDRESSES: To obtain specific location updates be made? How frequently FHFA. details and register to attend, please should updates occur? What benefits, if (g) Additional information. FHFA visit this link: https:// any, could result from more frequent may request additional information at www.eventbrite.com/e/overtime-rule- updates? any time during the processing of the outreach-sessions-tickets-49216139799. Dated: August 23, 2018. request or after receiving a notice. FOR FURTHER INFORMATION CONTACT: Stephen Davis, Listening Session Melissa Smith, Dated: August 20, 2018. Coordinator, Division of Regulations, Director, Division of Regulations, Legislation Melvin L. Watt, and Interpretation. Director, Federal Housing Finance Agency. Legislation, and Interpretation, Wage and Hour Division, U.S. Department of [FR Doc. 2018–18649 Filed 8–27–18; 8:45 am] [FR Doc. 2018–18511 Filed 8–27–18; 8:45 am] Labor, Room S–3502, 200 Constitution BILLING CODE 4510–27–P BILLING CODE 8070–01–P Avenue NW, Washington, DC 20210; telephone: (202) 693–0406 (this is not a toll-free number). Copies of this notice ENVIRONMENTAL PROTECTION DEPARTMENT OF LABOR may be obtained in alternative formats AGENCY (Large Print, Braille, Audio Tape, or Wage and Hour Division 40 CFR Part 52 Disc), upon request, by calling (202) 693–0023 (not a toll-free number). TTY/ [EPA–R05–OAR–2017–0147; FRL–9982– 29 CFR Part 541 TTD callers may dial toll-free (877) 889– 90—Region 5] White Collar Exemption Regulations; 5627 to obtain information or request Public Listening Sessions materials in alternative formats. Air Plan Approval; Indiana; SUPPLEMENTARY INFORMATION: On July Reasonable Further Progress Plan and AGENCY: Wage and Hour Division, Other Plan Elements for the Chicago 26, 2017, the Department of Labor Department of Labor. Nonattainment Area for the 2008 published a Request for Information ACTION: Notification of public listening Ozone Standard (RFI), Defining and Delimiting the sessions. Exemptions for Executive, AGENCY: Environmental Protection SUMMARY: The Department of Labor will Administrative, Professional, Outside Agency (EPA). conduct public listening sessions to Sales and Computer Employees. See 82 ACTION: Proposed rule. gather views on white collar exemption FR 34616. The RFI was one opportunity regulations. The Fair Labor Standards for the public to provide information to SUMMARY: The Environmental Protection Act (FLSA) generally requires covered aid the Department in formulating a Agency (EPA) is proposing to approve a employers to pay their employees at proposal to revise the white collar revision to the Indiana State least the federal minimum wage exemption regulations. Public listening Implementation Plan (SIP) to meet the (currently $7.25 an hour) for all hours sessions will provide further base year emissions inventory, worked, and overtime premium pay of opportunity for the public to provide reasonable further progress (RFP), RFP not less than one and one-half times the input on issues related to the salary contingency measure, nonattainment employee’s regular rate of pay for any level test, such as: new source review (nonattainment hours worked over 40 in a workweek. 1. What is the appropriate salary level NSR), volatile organic compound (VOC) The FLSA exempts from both minimum (or range of salary levels) above which reasonably available control technology wage and overtime protection ‘‘any the overtime exemptions for bona fide (RACT), and motor vehicle inspection employee employed in a bona fide executive, administrative, or and maintenance (I/M) requirements of executive, administrative, or professional employees may apply? the Clean Air Act (CAA) for the Indiana professional capacity’’ and delegates to Why? portion of the Chicago-Naperville, the Secretary of Labor the power to 2. What benefits and costs to Illinois-Indiana-Wisconsin area define and delimit these terms through employees and employers might (Chicago area) for the 2008 ozone regulation. accompany an increased salary level? national ambient air quality standard DATES: The dates, locations, and times How would an increased salary level (NAAQS or standard). EPA is also for the public listening sessions are affect real wages (e.g., increasing proposing to approve the 2017 listed below: overtime pay for employees whose transportation conformity motor vehicle September 7, 2018, Atlanta, Georgia, 10 current salaries are below a new level emissions budgets (MVEBs) for the a.m.–12 p.m. but above the current threshold)? Could Indiana portion of the Chicago area for September 11, 2018, Seattle, an increased salary level reduce the 2008 ozone NAAQS. EPA is Washington, 10 a.m.–12 p.m. litigation costs by reducing the number proposing to approve the state’s daltland on DSKBBV9HB2PROD with PROPOSALS September 13, 2018, Kansas City, of employees whose exemption status is submission as a SIP revision pursuant to Missouri, 10 a.m.–12 p.m. unclear? Could this additional certainty section 110 and part D of the CAA and September 14, 2018, Denver, Colorado, produce other benefits for employees EPA’s regulations because it satisfies the 10 a.m.–12 p.m. and employers? emission inventory, RFP, RFP September 24, 2018, Providence, Rhode 3. What is the best methodology to contingency measure, nonattainment Island, 10 a.m.–12 p.m. determine an updated salary level? NSR, VOC RACT, I/M, and Members of the public may attend Should the update derive from wage transportation conformity requirements these listening sessions in person up to growth, cost-of-living increases, actual for areas classified as moderate VerDate Sep<11>2014 16:30 Aug 27, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\28AUP1.SGM 28AUP1


Document Created: 2018-08-28 00:23:22
Document Modified: 2018-08-28 00:23:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotification of public listening sessions.
DatesThe dates, locations, and times for the public listening sessions are listed below:
ContactStephen 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.
FR Citation83 FR 43825 
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