Over the past several weeks, the U.S. Department of Labor's Wage & Hour Division (WHD) has announced three separate rulemakings addressing a variety of issues under the Fair Labor Standards Act. As a result, in the next two months, employers will have an unprecedented opportunity to provide input to WHD on key issues such as the salary threshold for the white-collar exemptions, the standard in determining who is (or is not) a joint employer (with attention on the franchise relationship), and the types of compensation that should be excluded from the overtime rate of pay.
As it has in past regulatory proceedings, Seyfarth Shaw's Wage & Hour Litigation Practice Group (WHLPG) intends to actively participate in the comment process, ensuring that the employer viewpoint is properly represented when WHD considers its final regulations. The quality of the comments WHD receives has the potential to make a significant impact on employer's compliance obligations under the FLSA. And the quality of the comments we submit will increase with input from our clients.
To facilitate your feedback on the regulatory proposals—as well as to highlight the key provisions in each of the proposals—the WHLPG is launching a new series, "Regulatory Spring." Each Thursday between now and the close of the comment period for the final rulemaking, we will send an audio update, video, or article highlighting a select provision and offering you the opportunity to provide feedback that we may use (on an anonymous basis) in written comments to WHD.
We'll also hold a brief webinar on April 17, providing a high-level overview of WHD's three proposals and further explaining the comment process. You will receive an invitation to that webinar soon.