Advocacy Submits Request for Information; Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees

September 22, 2017

The U.S. Small Business Administration’s Office of Advocacy (Advocacy) submits the following comments in response to the U.S. Department of Labor (DOL) on the Request for Information (RFI), to aid the agency as it formulates a proposal to revise overtime regulations and exemptions under the Fair Labor Standards Act (FLSA). Advocacy has completed extensive small business outreach on this proposal across the country. Small businesses have told Advocacy that doubling of the standard salary threshold to $47,476 would have disproportionately impacted small entities, adding significant compliance costs and paperwork burdens.[1] Advocacy is pleased that DOL has released this RFI and is seeking to reform this regulation. Advocacy recommends that DOL adopt a lower level national salary threshold that has been adjusted to minimize small business impacts to the most adversely affected low wage regions and industries.