The Associated General Contractors of America recently urged the U.S. Department of Labor’s (DOL) Wage and Hour Division to abandon or at least postpone issuance of its anticipated proposed rulemaking altering the overtime regulations under the Fair Labor Standards Act (FLSA). Even though the COVID-19 public health emergency has been lifted, concerns with supply chain disruptions, workforce shortages, inflationary pressures, and the shifting dynamics of the American workforce persist, and any rule change now would threaten a particularly vulnerable and recovering economy.
In its recent semi-annual regulatory agendas, the DOL announced that it planned to issue a Notice of Proposed Rulemaking (NPRM) on the “exemption of bona fide executive, administrative, and professional employees from the Fair Labor Standards Act’s minimum wage and overtime requirements” (also known as the white-collar exemptions). The DOL last updated these regulations as recently as 2019, going into effect in 2020, which strongly suggests there is no need for urgency in issuing more changes.
For more information, contact Claiborne Guy at claiborne.guy@agc.org.