SEPTEMBER 2017 • FOGHORN 37 MEMBERNEWS The U.S. Department of Labor is seeking public comments on the “white collar” overtime rule announced last May 23 that sought to increase the number of “white collar” employees who must be paid overtime pursuant to the federal Fair Labor Standards Act.  That rule, developed by the Obama Administration, attempted to raise the dollar threshold used to determine whether an executive, professional, or administrative employee must be paid time-and-a-half for weekly work that exceeds 40 hours.  The annual salary threshold was to increase from $23,360 to $47,476.  The change was scheduled to go into effect this past December 1, but the rule was challenged legally.  Its implementation has been “stayed” by order of a federal judge.   President Trump’s administra- tion is not committed to the $47,476 salary threshold of the contested rule. However, a Notice of Proposed Rulemaking will be required to make a change.  In the meantime, the Labor Department has issued its Request for Information prior to undertak- ing a rulemaking that may result in a lowering of the regulatory burden. The Labor Department states that it “is aware of stakeholder concerns that the standard salary level set in the 2016 Final Rule was too high.  In particu- lar, stakeholders have expressed the concern that the new salary level inap- propriately excludes from [overtime] exemption too many workers...” The Labor Department has posed 11 questions in the July 26, 2017, Federal Trump Administration Reconsiders “White Collar” Overtime Rule, Seeks Public Input by September 25 Register (www.gpo.gov/fdsys/pkg/ FR-2017-07-26/pdf/2017-15666. pdf). In particular, it asks whether employers anticipated the December 1 effective date and made changes to their pay and overtime policies.  It wishes to know the economic and non- economic impact of those changes.  It would like to hear from small busi- nesses concerning unique challenges posed to them by the 2016 rule. Comments on how the rule would affect businesses and employers can be submitted until September 25, 2017.  To comment, go to www.regulations. gov, type “RIN 1235-AA20” into the Search box, then click on “Comment Now.” n PVA Annual Convention at MariTrends 2018 January 28-31, 2018 Savannah, GA