Last week, we reminded you that the public comment period on the DOL’s proposed changes to the FLSA white collar exemptions was going to end on Friday, September 4, 2015, and the DOL was not going to extend this comment period despite requests to do so. True to its word, the public comment period came and went without an extension from the DOL. While this should come as no surprise, it will be interesting to see what the DOL does (if anything) with the 264,093 comments the agency received during the 60-day comment period. Many of those submitting comments were business owners, companies, employees, or others with a particular interest in the legislation. With so many comments, it is easy to imagine that the comments ran the full range of the spectrum, from support of the proposed changes to severe criticism.
That being said, there were a number of employers who commented on the proposed rule’s broad applicability across regions, explaining that differences in the costs of living play a major role in the compensation of employees across the country. Unsurprisingly, the cost of complying with the proposed rule sparked a number of comments from concerned employers.
Now that the public comment period has ended, the DOL will review the comments it received, and determine whether the agency will make any changes to the final rule before implementing it. We anticipate that the rule, in its final form, will be implemented some time in 2016.