State Associations Submit Letter to DOL Outlining Concerns with FLSA Non-enforcement Policy

Alert date

On Friday, June 3rd, the ADvancing States, the National Association of Medicaid Directors, the National Association of State Directors of Developmental Disabilities Services, and the National Association of State Mental Health Program Directors sent a letter to Department of Labor Secretary Tom Perez outlining concerns with the Fair Labor Standards Act “white collar” exemptions final rule (RIN 1235-AA11).  The primary concern is regarding inequities that manifest from the non-enforcement policy that DOL announced at 29 CFR Part 541 on May 18, 2016.   In the letter, the associations outline the unintended and adverse consequences arising from the DOL rule and the non-enforcement policy.  The letter requests several actions from DOL in order to mitigate the negative outcomes of this regulation, including:

  •          Expanding the non-enforcement policy to cover all government-funded HCBS services;
  •          Delaying the effective date for all Medicaid services until after the end of the next state legislative session; and
  •          Providing support for HCBS providers against the threat of litigation or other private action.

To read the full letter, please click here.