RE: Proposed Rule Defining and Delimiting the Exemption for Executive, Administrative, Professional, Outside Sales, and Computer Employees RIN 1235-AA39; 88 Fed. Reg. 62152 (September 8, 2023)
Dear Ms. DeBisschop:
The Partnership to Protect Workplace Opportunity ("PPWO") submits these comments on the Department of Labor ("DOL" or "the Department")'s proposal to raise the salary threshold for the executive, administrative, professional, outside sales, and computer employee exemptions (the "EAP exemption") from the overtime requirements of the Fair Labor Standards Act ("FLSA") (the "Proposed Rule"). The PPWO is a coalition of a diverse group of associations and other stakeholders representing employers from the private, nonprofit, and public sector with millions of "white collar" employees across the country in almost every industry who will be affected by the proposed changes.
The PPWO’s members believe that employees and employers alike 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 FLSA. Unfortunately, as we describe below, if implemented as written, the Proposed Rule will result in large numbers of employees being reclassified as non-exempt, with significant consequences for both the reclassified employees and their employers. By way of example, the PPWO is deeply concerned that such reclassification will:
Download the joint comment letter to read the full text.