INARF
​​Home | login | contact us
  • About Us
    • About Us
    • Board of Directors
    • Staff
    • Corporate Committees
    • Professional Interest Sections
    • Awards & Recognition
  • Membership
    • Member Login
    • Membership
    • Member Benefits & Inquiries
    • Organizational Member Directory
    • Associate Member Directory
    • Member Job Postings
  • Events
    • Upcoming Events
    • INARF 2023 Annual Conference >
      • Artisan Opportunities
      • Sponsor Opportunities
      • Exhibit Opportunities
    • INARF 2023 Pre-Conference
  • Professional Development
    • Professional Development
    • INARF DSP Series
    • INARF Leadership Academy
  • Technical Assistance
    • Technical Assistance
    • News & Information
  • Governmental Affairs
    • Governmental Affairs
    • INARF PAC
    • Bills Being Watched
    • Statehouse News
    • Take Action Now With VoterVoice!
  • About Us
    • About Us
    • Board of Directors
    • Staff
    • Corporate Committees
    • Professional Interest Sections
    • Awards & Recognition
  • Membership
    • Member Login
    • Membership
    • Member Benefits & Inquiries
    • Organizational Member Directory
    • Associate Member Directory
    • Member Job Postings
  • Events
    • Upcoming Events
    • INARF 2023 Annual Conference >
      • Artisan Opportunities
      • Sponsor Opportunities
      • Exhibit Opportunities
    • INARF 2023 Pre-Conference
  • Professional Development
    • Professional Development
    • INARF DSP Series
    • INARF Leadership Academy
  • Technical Assistance
    • Technical Assistance
    • News & Information
  • Governmental Affairs
    • Governmental Affairs
    • INARF PAC
    • Bills Being Watched
    • Statehouse News
    • Take Action Now With VoterVoice!

DOL Overtime Rule Non-Enforcement Policy

6/10/2016

 
​INARF has received several questions from members concerning the Department of Labor (DOL) Overtime Exemption Rule Non-Enforcement Policy. 
ANCOR has provided the following information about the policy:

What is a non-enforcement policy?
A non-enforcement policy is a non-binding internal policy announcement
- May be revised, expanded, contracted or revoked without going through notice and comment process
- Issued concurrently with the final rule, but not part of the final rule
- Scope is limited to Department of Labor’s enforcement authority

What does the DOL Overtime Rule Non-Enforcement Policy say?
- From December 1, 2016 to March 17, 2019, DOL will not enforce the updated salary threshold of $913/week for a limited subset of employers.
- All other provisions will be enforced, including the previous $455/week threshold.

Who does the DOL Overtime Rule Non-Enforcement Policy cover?
ONLY providers of Medicaid-funded services for individuals with IDD in residential homes and facilities with 15 beds or fewer
- Does include ICFs
- Does apply to both for-profits and non-profits
- Does not apply to other operations of the same provider (i.e. day program, vocational rehabilitation, transportation)

What are the intent and purpose of the policy?
To support the federal government’s efforts to encourage community integration
- End date corresponds to deadline for states to complete transitioning under CMS’ HCBS rule
- To allow the Department to devote its time and resources to providing assistance to these providers and allow time to work with state legislatures and HHS on implementation of final rule

What does the policy do?
DOL will not engage in enforcement activities against covered entities during this period. Enforcement activities include:
- Conducting investigations prompted by worker complaints
- Supervising settlements
- Filing lawsuits regarding violations
- DOL will provide technical assistance to employers during this period
- May shield states from damages due to sovereign immunity

What it does not do
- Shield providers from private lawsuits
- Prohibit states from enforcing state law in states with higher standards than the FLSA
- Obviate contractual obligations to comply with federal and state regulations

ANCOR is currently seeking further guidance from DOL on the non-enforcement policy. INARF will continue to provide members with information as it is received.

INARF has also learned that the National Association of Medicaid Directors, the National Association of State Mental Health Program Directors, the National Association of State Directors of Developmental Disabilities Services, and the National Association of States United for Aging and Disabilities have sent a letter to DOL Secretary Perez expressing their concerns about the DOL Overtime Rule.

We hope this information is helpful. If you have questions, please contact the INARF office.


Comments are closed.

    RSS Feed

    Archives

    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    January 2011
    September 2009
    December 2007

© Indiana Association of Rehabilitation Facilities, Inc. (INARF)
    615 North Alabama Street, Suite 410, Indianapolis, IN 46204
    (t) 317-634-4957 / (f) 317-634-3221 / Contact us by email
ANCOR Proud Member Small