I just got off the phone with a US DOL leadership staff.   The OT threshold rule will be released tomorrow at 8am.   We’ll have a summary and impact analysis soon.  The DOL has published facts about the rule on their website, so you can get a sneak preview of what will be in the Federal Register tomorrow.  

Very important will be that the DOL will be a notice of nonenforcement for IDD Medicaid residential providers serving people in settings of 15 people or fewer.  This will include bother HCBS and ICF settings from Dec 1, 2016 – March 2019.  Unfortunately, DOL is taking the position that they can’t any employee(s) private right of action – to sue for overtime.  They are willing to talk with us about how to effectively deal with that risk.

The threshold will be around $47,500 as earlier reported.  It will be updated every 3 years.  There will be no changes to the duties test.

ANCOR will meet with DOL Secretary Tom Perez within the next week or so, to discuss how we can work together to implement the rule successfully.  This may include conversations with other federal agencies and states.  We will be in a better position to discuss these strategies, after our meeting with the secretary.

For the synopsis of the rule and more information go to:  https://www.dol.gov/featured/overtime/ 

Mark Davis