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Proposed Overtime Rule Prompts Congressional Hearing, AGC Continues to Take Action

Only July 23, the House Education and Workforce Committee hosted a hearing to review the impact of the U.S. Department of Labor’s Wage and Hour Division’s proposed rule to change the overtime regulations of the Fair Labor Standards Act. AGC partnered with a joint employer coalition group dedicated to advocating the interests of employers with regard to the proposed changes, which submitted a letter to the House Committee highlighting the impact of the proposed changes on employers.

The proposed rule, if implemented, would raise the salary threshold for the executive, administrative and professional exemptions from $23,660 to a 2016 level of $50,440 annually, and index for inflation thereafter. The rule did not recommend any specific changes to the duties test; however, it remains unknown how or if the administration will address it in a final rule.

The deadline for public comment is Sept. 4, but AGC recently submitted a request for 60-day extension.  The extension would allow AGC to fully review the proposed rule’s impact on the construction industry and offer additional time for AGC’s members to investigate and evaluate the number of employees that would be impacted by the rule within their individual businesses. Examples of how the proposed rule would impact construction businesses will be critical in getting the Wage and Hour Division to understand the impact of this rule on the industry.

Additional information on the proposed rule can be found on the Labor department’s website.  For more information on the act, click here or visit AGC’s Labor & HR Topical Resources webpage.  The primary category is “Wages and Benefits” and the secondary category is “Fair Labor Standards Act.”

For more information, please contact Jim Young at youngj@agc.org or (202) 547-0133.

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