Labor Solicitor Announces Overtime Security Amicus
Program

Program Designed to Correct Misinformation about Stronger Worker Protections

WASHINGTON—In a nationwide teleconference sponsored by the American Bar Association this week, Solicitor of Labor Howard Radzely announced a new Overtime Security Amicus Program at the Department of Labor. The Department is establishing this program to counter an unprecedented misinformation campaign against the stronger worker protections contained in the new rule.

Under the new program, the department is inviting the public to notify the Solicitor of Labor of private litigation involving alleged misclassification of workers under the new final overtime rules for white-collar employees promulgated by the department last month. The Solicitor’s office will consider whether to file an amicus curiae, or “friend of the court,” brief informing the court on what the new rules mean.

“Because of the vast amount of misinformation about our new overtime security rules, we want to make sure that employers and the courts apply the rules correctly,” said Radzely. “An unprecedented misinformation campaign against the new rules is creating confusion which could compromise the stronger worker protections in the new rules. We are taking extra precautions to ensure that the intent of the new rules—to provide stronger, clearer overtime protections for workers—is reflected in the courts.”

Until the department acted last month, the white-collar overtime security regulations of the Fair Labor Standards Act had not been substantially updated for more than 50 years—creating confusion for workers and employers, failing to protect workers’ pay rights, and generating needless litigation. The department’s new rules strengthen overtime rights for 6.7 million low-wage salaried workers, including 1.3 million salaried white-collar workers who were not entitled to overtime pay under the existing regulations. By clarifying and updating these regulations, the department made the rules easier to understand and enhanced the likelihood of compliance.

After the new rules take effect in August, federal courts will begin to render decisions that reflect their interpretation of the new rules. The Overtime Security Amicus Program will help ensure that these court decisions reflect the department’s goals of clearer, stronger overtime protection for America’s workers.

The department’s new amicus program will include a wide range of outreach efforts, such as a new web link at www.dol.gov/sol, various presentations at legal conferences, and other activities to help identify cases in which amicus briefs may be filed by the labor department to provide greater clarity about the new overtime security rules.

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Archived News Release — Caution: Information may be out of date.