DOL Listening Sessions on Overtime Regulations 

April 20, 2022

The Department of Labor’s (DOL) Wage and Hour Division is reviewing the regulations that implement the Fair Labor Standard Act’s minimum wage and overtime exemptions for bona fide executive, administrative, and professional employees. The DOL has held multiple listening sessions in recent months, including a Small Business Roundtable with the U.S. Small Business Administration (SBA) Office of Advocacy.  

The DOL has recently announced additional virtual Overtime listening sessions for worker and employer stakeholders, scheduled for May and June 2022. The sessions are organized by geographical regions.  

In the sessions, DOL is anticipating questions and discussions about the salary level above which the overtime exemption may apply, the duties test, and workplace and flexibility issues. The agency is encouraging participants to guide the discussion topics.  

The DOL is seeking stakeholder input on issues such as: 

  • The appropriate salary level above which the exemptions for bona fide executive, administrative, or professional employees may apply. 
  • The costs and benefits of increasing the salary level to employers and employees, including increasing wages and reducing litigation costs. 
  • The best methodology for updating the salary level, and the appropriate frequency of updates. 
  • Whether other changes to the overtime regulations are warranted. 

The sessions will be held in a virtual format. You can find the schedule and sign up here.