The National Assembly Submits Comments to the Department of Labor on Overtime Pay Requirements

The National Human Services Assembly (National Assembly) submitted public comments on the Department of Labor’s (DOL) proposed rule to update the exemptions to the overtime pay requirement under the Fair Labor Standards Act (FLSA). As you may know, the proposed rule, published on July 6, 2015, would increase the minimum salary threshold to approximately $50,000, below which employers would be required to pay the overtime wage rate for work in excess of forty hours per work week.

Over the recent months, the National Assembly surveyed our members, shared their concerns with coalition partners and other thought leaders, and encouraged our members to submit their own comments to the DOL.

While the National Assembly commended the DOL on its goal of ensuring that all employees are fairly compensated, we took the opportunity to make Labor officials aware of the unique concerns of human services organizations. Based on feedback from our member organizations, the National Assembly requested that the DOL implement the following actions as it drafts the final rule:

  1. Consider setting a variable threshold that mirrors the cost of living from region to region.
  2. Invite federal agencies to provide guidance and flexibility to human services providers whose existing contracts and grants may be impacted by the rule.
  3. Offer further guidance about which employment activities fall outside the scope of FLSA coverage.
  4. Provide more time for human services organizations to prepare for the impact of the proposed rule on direct services and operations through a five-year phase-in period.

Also, the National Assembly expressed our willingness to serve as a constructive partner to the DOL moving forward. As the impact of the proposed rule becomes clearer, the National Assembly will provide additional guidance and support to our members.

Read the National Assembly’s full comments.