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NEWS | NSBA Signs Letter on Overtime Pay Flexibility Act  

Owners and employers should have the flexibility to choose options best for their small businesses.  


This month, NSBA joined more than 80 organizations in support of H.R. 7367, the Overtime Pay Flexibility Act, which prohibits the Department of Labor (DOL) from finalizing, implementing, or enforcing its proposed rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees.”  

Joining the Partnership to Protect Workplace Opportunity (PPWO), NSBA urges Congress to pass H.R. 7367, which would prevent the DOL from reclassifying millions of employees from salaried to hourly workers.  

NSBA has long believed that employers and employees are best served by a system promoting maximum flexibility in structuring employees’ hours, career advancement opportunities and clarity for employers when it comes to their employees’ classifications, rather than be rushed into compliance for regulations that were just changed less than three years ago.  

For some context, to comply with DOL’s expected new overtime regulations, employers will be obligated to monitor non-exempt employees’ worktime, but that may not be compatible with  new and growing workforce and work-from-home dynamics. Consequently, changes to the white-collar exemptions may leave many workers unable to enjoy the part-time or remote work that many people have come to enjoy since COVID.  

NSBA urges Congress to hold the DOL accountable and abandon or postpone enactment of the rule until the current economic situation stabilizes and improves.  This extra time will allow the American workforce, employer community, and DOL itself to more fully understand how the pandemic has shifted the paradigm of work in America.  

Read the entire letter here, review NSBA's letters-comments-testimony submissions here, and follow NSBA as we continue advocating for commonsense policy to serve the small-business community. 


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