Chief’s Counsel: Preparing for Changes to FLSA Regulations

Chiefs should work with their municipality’s human resources (HR) staff or labor counsel to prepare for proposed changes to the Fair Labor Standards Act’s (FLSA) overtime regulations that were published by the U.S. Department of Labor (DOL) in the Federal Register on July 6, 2015. Failing to do so could subject a city or town to the FLSA’s “double damages” plus attorney fees provisions covering a two- or three-year period. It could also result in significant disruptions to a department’s operations and produce unnecessary disputes with unions. The DOL included time for a comment period through September 4, 2015, to afford associations such as the IACP, as well as labor groups and others, an opportunity to submit comments on the proposed rules.1 It is likely the new rules will be finalized in early 2016.