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ADA comments on proposed overtime rule

May 23, 2019

By Jennifer Garvin

Washington — The ADA submitted comments May 21 on the U.S. Department of Labor’s proposed rule to expand the number of full-time salaried workers eligible for overtime pay.

In March, the Department of Labor, or DOL, proposed extending eligibility for overtime pay to salaried workers making between $455-$679 a week (between $23,660 and $35,308 annually). It is a scaled back version of a previous rule that would have extended overtime eligibility to individuals making up to $921 per week ($47,892 annually).

In the letter, ADA President Jeffrey M. Cole and Executive Director Kathleen T. O’Loughlin said the proposed rule should have little effect on dental practices.

“Around 39 percent of all dental offices have at least one employee in a salaried position. Few (if any) of these employees would typically work more than 40 hours per week,” Drs. Cole and O’Loughlin wrote. “The wages and salaries for those who do would typically exceed the $679 a week ($35,308 per year) threshold being proposed.

In 2017, a federal court invalidated the previous rule by granting a summary judgment against the DOL. Because of that ruling and in consideration of additional public comments, the DOL said it had reconsidered the previously adopted salary level of $913 set in the previous version.

In the rulemaking docket, the DOL said it agrees with the majority of commenters saying “the standard salary level needs to exceed $455 per week to more effectively serve its purpose” and that it “now also believes that increasing the standard salary level to $913 per week was inappropriate.”

The new rule is expected to impact as many as one million salaried workers who are not currently eligible for overtime pay.