News from NAM
Posted on Tuesday, April 1, 2014
Overtime Pay Changes to the Fair Labor Standards Act
The President recently issued a Memorandum directing
the Secretary of Labor to change existing rules regarding
who and how to qualify for overtime pay under the
Fair Labor Standards Act (FLSA). The current rules for
overtime pay lay out a test based on a threshold weekly
salary (currently set at $455/week), as well as whether
an employee performs duties in a certain job category
(management, supervisory), which then would exempt
the employee from overtime pay. Although the details have
yet to be specified, the Memorandum directs the Secretary
of Labor to significantly alter this test by increasing the
threshold weekly salary amount as well as altering the job
category exemptions.
It is anticipated that the Labor Secretary will propose
new rules in the coming weeks and the National
Association of Manufacturers plans to respond and oppose
these rule changes through the notice and comment
process. This latest proposal is yet another example of how
this Administration fails to understand the financial stress
and pressure they are placing on businesses.
OSHA’s Public Disclosure Rule Won’t Deliver a Safer Workplace
On March 10, 2014, the NAM filed comments with the
Occupational Health and Safety Administration urging
the agency to withdraw a proposed rule that would
require employers to report injury and illness data more
often and allow the agency to release the raw data to the
public. It points out the flaws in the proposed rule and
questions whether the agency has the authority under the
Occupational Safety and Health Act (OSH Act) to publicly
release raw workplace safety data.
The NAM is concerned that releasing raw data will lead
to misunderstandings and mischaracterizations about an
employer or an entire industry’s safety record. The data
OSHA is proposing to release will provide no context
behind the reports and will very likely result in misuse—
either unintentionally or otherwise.
At this point, OSHA will be required to review the
comments submitted and will amend the rule or affirm as
written based upon the comments it receives. While it is
unclear when the proposed rule will be finalized, it could
potentially be sometime this summer.
Visit documents.nam.org/is/CWS_Draft_Written_Comments--final.pdf for a copy of the Coalition for
Workplace Safety (CWS) letter to OSHA on the proposed
“Improve Tracking of Workplace Injury and Illness” rule.