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September 08, 2008
DOL Plans "Clean-up" of FLSA Regs
The U.S. Department of Labor plans to update certain regulations under the Fair Labor Standards Act of 1938 (FLSA) and the Portal-to-Portal Act of 1947--primarily to reflect numerous statutory amendments that have been enacted since the regulations interpreting those laws were originally issued.

The so-called "clean-up initiative" incorporates several statutory amendments--dating from 1974, when Congress extended an existing FLSA overtime exemption to include any salesman primarily engaged in selling boats and eliminated the overtime exemption previously provided for partsmen and mechanics servicing trailers or aircraft, to 2007, when Congress voted to increase the general FLSA minimum wage in three steps.

Among numerous other issues, the clean-up regulations also will address a 1996 amendment to the Portal-to-Portal Act, defining certain circumstances when pay is not required for employees who use vehicles provided by their employers for home-to-work commuting purposes.

The revisions are outlined in a Notice of Proposed Rulemaking (Federal Register, Vol. 73, No. 145). For a summary of the revisions, visit www.dol.gov/esa/whd/regulations/FLSA2008NPRMFactSheet.pdf.

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