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Wage and Hour Division (WHD)

Overtime Pay: Request for Information

Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees under the Fair Labor Standards Act


On July 26, 2017 the U.S. Department of Labor published a Request for Information (RFI), Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees. The RFI is an opportunity for the public to provide information that will aid the Department in formulating a proposal to revise these regulations.

An RFI is one among many possible tools used by an agency to help it develop a proposed rule. Agencies generally use RFIs when they want public input on whether a new rule or changes to an existing rule are needed, and comments on what course the agency should take should it decide to move forward.

This RFI solicits feedback on questions related to the salary level test, the duties test, inclusion of non-discretionary bonuses and incentive payments to satisfy a portion of the salary level, the salary test for highly compensated employees, and automatic updating of the salary level tests.

The 60-day comment period for all issues raised in the RFI ends on September 25, 2017. You may submit comments on or before that date according to the instructions listed in the RFI as published in the Federal Register.

The RFI is posted here: Request for Information; Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees