Advisory on Overtime Rules

We would like to share an action alert from the National Council of Nonprofits’ recent newsletter. Sign up for the newsletter by visiting their home page and scrolling down to the bottom to enter your email address.

Nonprofits need to speak up to help ensure that any future overtime regulations from the Labor Department reflect how work is actually performed in the wide range of nonprofit workplaces. Readers are encouraged to review the RFI and submit comments to the Labor Department by the close of the public comment period on Monday, September 25. For more information, see the following resources:


  • Comments submitted by the National Council of Nonprofits, September 15, 2017, recommending, among other things, that the Department of Labor: “Act with urgency to increase the amount of the current salary level test that, having been unchanged for 13 years, is stuck below the poverty rate for a family of four,” and “apply the same FLSA standard to nonprofit workplaces as it applies to for-profit and government workplaces – it is unacceptable to treat nonprofit employees as second-class citizens by creating a carve-out or sub-minimum salary level for nonprofits only or nonprofits and small businesses.”
  • Nonprofits Have a Big Stake in Overtime-Rules Debate, Jennifer Chandler and David L. Thompson, Chronicle of Philanthropy (paywall), September 1, 2017, explaining why it is in nonprofits’ best interest to submit comments to the U.S. Department of Labor on the overtime RFI.
  • Labor Department Reopens White-Collar Salary Exemption for Comments, National Council of Nonprofits, August 2017, providing background on current law and annotations that explain several of the questions presented in the Department of Labor’s RFI.
  • Taking the Mystery Out of Filing Comments on Proposed Rules, National Council of Nonprofits, July 22, 2015, providing tips for filing comments to proposed rules that apply equally to responding to the Request for Information.
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