83_FR_50061 83 FR 49869 - White Collar Exemption Regulations; Public Listening Session

83 FR 49869 - White Collar Exemption Regulations; Public Listening Session

DEPARTMENT OF LABOR
Wage and Hour Division

Federal Register Volume 83, Issue 192 (October 3, 2018)

Page Range49869-49870
FR Document2018-21521

The Department of Labor will conduct a public listening session to gather views on the Part 541 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 192 (Wednesday, October 3, 2018) 
[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Proposed Rules]
[Pages 49869-49870]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21521]


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DEPARTMENT OF LABOR

Wage and Hour Division

29 CFR Part 541


White Collar Exemption Regulations; Public Listening Session

AGENCY: Wage and Hour Division, Department of Labor.

ACTION: Notice of public listening session.

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SUMMARY: The Department of Labor will conduct a public listening 
session to gather views on the Part 541 white collar exemption 
regulations. The Fair Labor Standards Act (FLSA) generally requires 
covered employers to pay their

[[Page 49870]]

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 date, location, and time for the public listening session is 
listed below: October 17, 2018, Washington, DC, 10 a.m.-12 p.m.
    Members of the public may attend this listening session in person 
up to the seating capacity of the room. The Department will not attempt 
to achieve a consensus view in this listening session, 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-listening-session-tickets-50661020476.

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 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: September 28, 2018.
Robert Waterman,
Senior Compliance Specialist, Division of Regulations, Legislation and 
Interpretation.
[FR Doc. 2018-21521 Filed 10-2-18; 8:45 am]
BILLING CODE 4510-27-P

Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Proposed Rules 49869 (2) The transaction is complex, safeguards to isolate its collateral shall not sell, assign, or otherwise involves a residential real estate valuation program from influence or transfer legal title to the loan unless: transaction, $250,000 or more of the interference from the loan production (i) The loan is sold, assigned, or transaction value is not insured or process and collection process); otherwise transferred to another party guaranteed by a United States (2) Having no direct, indirect, or by reason of the credit union’s (or government agency or United States prospective interest, financial or mortgage originator’s) bankruptcy or government sponsored agency, and the otherwise, in the property or the insolvency; transaction does not meet the criteria in transaction; and (ii) The loan is sold, assigned, or paragraph (f) of this section. (3) Qualified and experienced to otherwise transferred to another party (3) A credit union is not required to perform such estimates of value for the regulated by a Federal financial obtain an appraisal under this paragraph type and amount of credit being institutions regulatory agency, so long (b) if the United States government considered. as the loan is retained in portfolio by the agency, or United States government (e) Appraisals to address safety and other party; sponsored agency, obtains an appraisal soundness concerns. The NCUA (iii) The sale, assignment, or transfer by a state-certified appraiser. reserves the right to require an appraisal is pursuant to a merger of the credit (c) Real estate-related financial under this subpart whenever the agency union (or mortgage originator) with transactions requiring an appraisal by believes it is necessary to address safety another party or the acquisition of the either a state-certified or state-licensed and soundness concerns. credit union (or mortgage originator) by appraiser. An appraisal performed by a (f) Exemption from appraisals of real another party or of another party by the state-certified appraiser or a state estate located in rural areas. credit union (or mortgage originator); or licensed appraiser is required for any (1) Notwithstanding any other (iv) The sale, loan, or transfer is to a real estate-related financial transaction provision of law, an appraisal in wholly owned subsidiary of the credit not exempt under paragraph (a) of this connection with a federally related union (or mortgage originator), provided section in which: transaction involving real estate or an that, after the sale, assignment, or (1) The transaction is not complex, interest in real estate is not required if: transfer, the loan is considered to be an involves a residential real estate (i) The real estate or interest in real asset of the credit union (or mortgage transaction, $250,000 or more of the estate is located in a rural area, as originator) under generally accepted transaction value is not insured or described in 12 CFR accounting principles. guaranteed by a United States 1026.35(b)(2)(iv)(A); (3)(i) For purposes of this paragraph government agency or United States (f), the term transaction value means the (ii) The transaction value is less than government sponsored agency, and the amount of a loan or extension of credit, $400,000; transaction does not meet the criteria in including a loan or extension of credit (iii) Any party involved in the paragraph (f) of this section. that is part of a pool of loans or (2) If, during the course of an transaction that meets the definition of mortgage originator must be subject to extensions of credit; and appraisal of a residential real estate (ii) The term mortgage originator has transaction performed by a state- oversight by a Federal financial institutions regulatory agency; and the meaning given the term in section licensed appraiser, factors are identified 103 of the Truth in Lending Act (15 that result in the transaction meeting the (iv) Not later than three days after the date on which the Closing Disclosure U.S.C. 1602). definition of complex, then the credit (4) This paragraph (f) does not apply union may either: Form, made in accordance with 12 CFR parts 1024 and 1026, relating to the if: (i) Ask the state-licensed appraiser to (i) The NCUA requires an appraisal complete the appraisal and have a state- federally related transaction is given to the consumer, the credit union (or other under paragraph (e) of this section; or certified appraiser approve and cosign (ii) The loan is a high-cost mortgage, the appraisal; or party involved in the transaction that acts as the mortgage originator) or its as defined in section 103 of the Truth (ii) Engage a state-certified appraiser in Lending Act (15 U.S.C. 1602). to complete the appraisal. agent, directly or indirectly: (A) Has contacted not fewer than [FR Doc. 2018–20946 Filed 10–2–18; 8:45 am] (3) A credit union is not required to obtain an appraisal under this paragraph three state-certified appraisers or state- BILLING CODE 7535–01–P if the United States government agency, licensed appraisers, as applicable, on or United States government sponsored the credit union’s (or other party agency, obtains an appraisal. involved in the transaction that acts as DEPARTMENT OF LABOR (d) Real estate-related financial the mortgage originator) approved transactions requiring a written estimate appraiser list in the market area in Wage and Hour Division of market value. Unless fully insured or accordance with 12 CFR part 226; and guaranteed by a United States (B) Has documented that no state- 29 CFR Part 541 government agency or United States certified appraiser or state-licensed appraiser, as applicable, was available White Collar Exemption Regulations; government sponsored agency, exempt within five business days beyond Public Listening Session under paragraph (a) of this section, or an appraisal performed by a state-certified customary and reasonable fee and AGENCY: Wage and Hour Division, or state-licensed appraiser was obtained, timeliness standards for comparable Department of Labor. any real estate-related financial appraisal assignments, as documented ACTION: Notice of public listening daltland on DSKBBV9HB2PROD with PROPOSALS transaction must be supported by a by the credit union (or other party session. written estimate of market value that involved in the transaction that acts as was performed by an individual: the mortgage originator) or its agent. SUMMARY: The Department of Labor will (1) Independent of the loan (2) A credit union (or other party conduct a public listening session to production and collection processes (if involved in the transaction that acts as gather views on the Part 541 white independence cannot be achieved, the the mortgage originator) that makes a collar exemption regulations. The Fair credit union must be able to loan without an appraisal under the Labor Standards Act (FLSA) generally demonstrate clearly that it has prudent terms of paragraph (f)(1) of this section requires covered employers to pay their VerDate Sep<11>2014 17:23 Oct 02, 2018 Jkt 247001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\03OCP1.SGM 03OCP1

49870 Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Proposed Rules employees at least the federal minimum professional employees may apply? Any comments must arrive by DATES: wage (currently $7.25 an hour) for all Why? November 2, 2018. hours worked, and overtime premium 2. What benefits and costs to employees and employers might ADDRESSES: Submit your comments, pay of not less than one and one-half accompany an increased salary level? identified by Docket ID No. EPA–R09– times the employee’s regular rate of pay How would an increased salary level OAR–2018–0559, at https:// for any hours worked over 40 in a affect real wages (e.g., increasing www.regulations.gov. For comments workweek. The FLSA exempts from overtime pay for employees whose submitted at Regulations.gov, follow the both minimum wage and overtime current salaries are below a new level online instructions for submitting protection ‘‘any employee employed in but above the current threshold)? Could comments. Once submitted, comments a bona fide executive, administrative, or an increased salary level reduce cannot be edited or removed from professional capacity’’ and delegates to litigation costs by reducing the number Regulations.gov. The EPA may publish the Secretary of Labor the power to of employees whose exemption status is any comment received to its public define and delimit these terms through unclear? Could this additional certainty docket. Do not submit electronically any regulation. produce other benefits for employees information you consider to be DATES: The date, location, and time for Confidential Business Information (CBI) the public listening session is listed and employers? 3. What is the best methodology to or other information whose disclosure is below: October 17, 2018, Washington, restricted by statute. Multimedia DC, 10 a.m.–12 p.m. determine an updated salary level? Should the update derive from wage submissions (audio, video, etc.) must be Members of the public may attend accompanied by a written comment. this listening session in person up to the growth, cost-of-living increases, actual wages paid to employees, or some other The written comment is considered the seating capacity of the room. The official comment and should include Department will not attempt to achieve measure? 4. Should the Department more discussion of all points you wish to a consensus view in this listening make. The EPA will generally not session, but rather is interested in regularly update the standard salary level and the total-annual-compensation consider comments or comment hearing the views and ideas of contents located outside of the primary participants. level for highly compensated employees? If so, how should these submission (i.e. on the web, cloud, or ADDRESSES: To obtain specific location updates be made? How frequently other file sharing system). For details and register to attend, please should updates occur? What benefits, if additional submission methods, please visit this link: https:// any, could result from more frequent contact the person identified in the FOR www.eventbrite.com/e/overtime-rule- updates? FURTHER INFORMATION CONTACT section. listening-session-tickets-50661020476. For the full EPA public comment policy, Dated: September 28, 2018. FOR FURTHER INFORMATION CONTACT: information about CBI or multimedia Robert Waterman, submissions, and general guidance on Stephen Davis, Listening Session Coordinator, Division of Regulations, Senior Compliance Specialist, Division of making effective comments, please visit Regulations, Legislation and Interpretation. http://www.epa.gov/dockets/ Legislation, and Interpretation, Wage and Hour Division, U.S. Department of [FR Doc. 2018–21521 Filed 10–2–18; 8:45 am] commenting-epa-dockets. Labor, Room S–3502, 200 Constitution BILLING CODE 4510–27–P FOR FURTHER INFORMATION CONTACT: Avenue NW, Washington, DC 20210; Robert Schwartz, EPA Region IX, (415) telephone: (202) 693–0406 (this is not a 972–3286, schwartz.robert@epa.gov. toll-free number). Copies of this notice ENVIRONMENTAL PROTECTION may be obtained in alternative formats AGENCY SUPPLEMENTARY INFORMATION: (Large Print, Braille, Audio Tape, or Throughout this document, ‘‘we,’’ ‘‘us’’ Disc), upon request, by calling (202) 40 CFR Part 52 and ‘‘our’’ refer to the EPA. 693–0023 (not a toll-free number). TTY/ [EPA–R09–OAR–2018–0559; FRL–9984– Table of Contents TTD callers may dial toll-free (877) 889– 80—Region 9] 5627 to obtain information or request I. The State’s Submittal materials in alternative formats. Air Plan Approval; California; Feather A. What rule did the State submit? River Air Quality Management District B. Are there other versions of this rule? SUPPLEMENTARY INFORMATION: On July C. What is the purpose of the submitted 26, 2017, the Department of Labor AGENCY: Environmental Protection rule? published a Request for Information Agency (EPA). II. The EPA’s Evaluation and Action (RFI), Defining and Delimiting the ACTION: Proposed rule. A. How is the EPA evaluating the rule? Exemptions for Executive, B. Does the rule meet the evaluation Administrative, Professional, Outside SUMMARY: The Environmental Protection criteria? Sales and Computer Employees. See 82 Agency (EPA) is proposing to approve a C. EPA Recommendations To Further revision to the Feather River Air Quality Improve the Rule FR 34616. The RFI was one opportunity D. Public comment and proposed action for the public to provide information to Management District (FRAQMD) portion III. Incorporation by Reference aid the Department in formulating a of the California State Implementation IV. Statutory and Executive Order Reviews proposal to revise the white collar Plan (SIP). This revision concerns exemption regulations. Public listening emissions of oxides of nitrogen (NOX) I. The State’s Submittal sessions provide further opportunity for from natural gas-fired water heaters, daltland on DSKBBV9HB2PROD with PROPOSALS A. What rule did the State submit? the public to provide input on issues small boilers, and process heaters. We related to the salary level test, such as: are proposing to approve a local rule to Table 1 lists the rule addressed by this 1. What is the appropriate salary level regulate these emission sources under proposal with the dates that it was (or range of salary levels) above which the Clean Air Act (CAA or the Act). We adopted by the local air agency and the overtime exemptions for bona fide are taking comments on this proposal submitted by the California Air executive, administrative, or and plan to follow with a final action. Resources Board (CARB). VerDate Sep<11>2014 17:23 Oct 02, 2018 Jkt 247001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\03OCP1.SGM 03OCP1


Document Created: 2018-10-03 02:29:59
Document Modified: 2018-10-03 02:29:59
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
ActionNotice of public listening session.
DatesThe date, location, and time for the public listening session is listed below: October 17, 2018, Washington, DC, 10 a.m.-12 p.m.
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 49869 
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