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NEWS | NSBA Joins PPWO in analysis, letter to DOL on EAP Exemption

Millions of employees in almost every industry will be affected by the proposed changes.


This week, NSBA sent a letter to the Department of Labor (DOL) regarding its proposed changes to overtime work exemptions. The letter—part of a coalition effort from the Partnership to Protect Workplace Opportunity (PPWO)--responded to DOL’s proposed rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees (RIN 1235-AA39).”



These latest revisions would entitle millions of workers who are now exempt from overtime requirements to time and a half pay when they work more than 40 hours in a workweek.

Additionally, this DOL proposal would raise the salary test from its current $35,568 level to $60,209 (adjusted from $55,068 published by the DOL to reflect averages based on scheduled, annual increases) as the annual salary threshold. Employees below this new level working more than 40 hours in a workweek will remain eligible for overtime pay.


Given the magnitude of this rule, the letter underscores how NSBA believes employees and employers are best served with a system that promotes maximum flexibility in structuring employee hours, career advancement opportunities for employees, and clarity for employers in classifying their employees under the Fair Labor Standards Act (FLSA).


Despite NSBA urging DOL to extend the due-date for comments, submissions closed on Nov. 7.


Read the full letter here, and follow NSBA as we track the latest from the DOL.

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