FLSA Litigation’s Greatest Hits: Taking Care of Business, and Working Overtime

Bloomberg BNA discusses the Department of Labor's proposed overtime rule with Trey Kovacs. 

Trey Kovacs, a labor policy expert at the Competitive Enterprise Institute in Washington, DC, notes that while this change has not actually been proposed, the DOL is asking the public to comment on whether and how this change might best be made.

However, Kovacs pointed out that there are several problems with the quantitative duties test approach. In particular, he warned of the potential pitfalls of adapting an approach similar to the one currently in use in California.

Kovacs said that such a change could create a huge headache for employers. “How is an employer supposed to determine how much non-EAP activity its managers perform? Month-to-month, the amount of non-EAP activity will change,” Kovacs inquired.

Kovacs pointed out that highly contentious rules often take longer to finalize than projected, and that the DOL has to review over 300,000 comments on the rule submitted by the public.

Read the full article at Bloomberg BNA.