OFCCP Week in Review: July 31, 2017
The OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition they discuss:
- DOL published RFI on FLSA Overtime Rule
- “Save Local Business Act” would overturn NLRB position on joint employment
DOL Published RFI on FLSA Overtime Rule
|Tuesday, July 25, 2017|
|The U.S. Labor Dept. (DOL) Wage and Hour Division (WHD) officially submitted its Request for Information (RFI) related to the overtime rule. The RFI foreshadows the Department’s intent to revise the salary level for exemptions from overtime currently dependent on a minimum salary level, among other things. The full text of the RFI can be viewed here. The rule, a cornerstone of the Obama administration’s labor agenda, would have more than doubled the Fair Labor Standards Act’s overtime salary threshold to the equivalent of $47,476, and thus drastically expanding the number of employees eligible for overtime pay.
Key questions from the RFI, summarized below, include the following which suggest the Department is willing to think very broadly about both differential salary tests for exemption and also having no salary test at all for certain exemptions or under only certain circumstances:
Employers have until Sept. 25, 2017 to provide input on these questions. Tell DOL what you think!
“Save Local Business Act” Would Overturn NLRB Position on Joint Employment
|Thursday, July 27, 2017|
|House Republicans introduced a bill they say would rein in the current NLRB joint employer standard and provide simplified guidance for employers.
The DOL recently took back its joint employer AI (Administrator’s Interpretation) and the groundbreaking Browning-Ferris joint-employer case the Obama Administration championed to create an expansive definition of joint-employment (bad for employers) is under judicial review, with a ruling expected any day now–just as the NLRB nears its new Republican majority.
More broadly, employers are unlikely to get much more clarification on various wage and hour issues until a WHD administrator is fully in place. That process could extend into 2018.
THIS COLUMN IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE CURRENT LAW AND PRACTICE RELATING TO OFCCP. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. COMPANIES OR INDIVIDUALS WITH PARTICULAR QUESTIONS SHOULD SEEK ADVICE OF COUNSEL. Reminder: If you have specific OFCCP compliance questions and/or concerns or wish to offer suggestions about future topics for the OFCCP Week In Review, please contact your membership representative at (866) 268-6206 (for DirectEmployers Association Members), or email Jennifer at email@example.com with your ideas.