The AAMC joined a Nov. 7 group letter to the Department of Labor on a proposed rule regarding overtime. The letter, signed by 50 national and state education organizations, and led by the College and University Professional Association for Human Resources provided comments on the proposed rule “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees.”
The signatories noted many employees on campuses are exempt from the Fair Labor Standards Act (FLSA) overtime pay requirements. Furthermore, the letter discouraged the Department from implementing its proposal to increase the threshold to the executive, administrative, and professional employee exemption (sometimes referred to as the “EAP” or “white collar” exemption) at this time. Instead, the groups requested that the Department withdraw their proposal and wait to update the salary threshold until inflationary pressures abate and employers have a better understanding of the post-pandemic economic challenges and realities they face. As prescribed by the rule, colleges and universities would need to reclassify the vast majority of impacted employees to hourly status, and the impact of the proposed changes would impact those who work in jobs that have always been exempt and are well-suited to exempt status. The groups described the impact of the reclassification as detrimental to employees, who would face diminished workplace autonomy and fewer opportunities for flexible work arrangements, career development, and advancement with no guarantee of increased compensation.