In the letter, 108 members of Congress led by Reps. Cresent Hardy (R-NV) and Steve Knight (R-CA) urged DOL to reconsider moving forward with the rule as drafted, reiterating ASAE’s argument that it would have a disproportionate impact on small businesses and nonprofits, particularly in certain geographic areas. The letter also raises concern about DOL’s plan to possibly change the duties test, which is a main component used in determining whether an employee is exempt from the Fair Labor Standards Act (FLSA). In its proposed rule last year, DOL asks whether a percentage-of-time rule should be applied to the primary duties test. DOL did not provide a concrete regulatory proposal regarding the duties test, but merely asked for comment on possible changes. DOL has yet to suggest what changes, if any, might be made to the final rule, but has indicated it may issue a final rule as soon as July 2016.
INARF applauds Indiana Congresswoman Susan Brooks, Congressman Larry Bucshon, Congressman Luke Messer, Congressman Todd Rokita, and Congresswoman Jackie Walorski for signing on to the letter and expressing their concerns about the proposed rule to DOL.