Update on FLSA Final Overtime Rules from President Kruger

Dear NASPA Members,

As you know the new Fair Labor Standards Act (FLSA) regulations are scheduled to take effect on December 1, 2016. Among other things, the salary level under which employees must be paid overtime for work over 40 hours per week has been raised significantly.

NASPA, with a wide range of other association partners, had been actively engaged with the Department of Labor (DOL) to discuss the impact of the regulations on the unique jobs found within higher education and, specifically, student affairs. Once the regulations were published, NASPA and ACUHO-I released “The FLSA Final Overtime Rule: A Resource Guide for Student Affairs Professionals” to assist the profession in developing strategies for compliance.

NASPA and its members applaud the Obama administration’s efforts to ensure that American workers are compensated fairly for hours worked. We also recognize the  positive impact that this change will have on moving more American families out of poverty, especially at a time where the number of low-income families is rising.

However, these new regulations are met by a lack of clear guidance by the DOL on the nuanced distinction between work and non-work performed by many employees within student affairs. It was for this reason that NASPA and other student affairs associations within the Consortium on Government Relations considered sending a letter to Congressman John Kline and the House Committee on Education and the Workforce to support HR 6094 which requested that the deadline be pushed back to allow more time for successful implementation of the new FLSA provisions. The basis for this request was rooted in overall support for the law, but also coupled with an understanding that more time was needed in order for institutions of higher education to redefine roles and reallocate resources. We grappled with the right approach to take regarding the letter and, to date, have not sent it to the Committee.  In the meantime, HR 6094 was passed by the House of Representatives, with no additional action expected until Congress reconvenes in early December, which leaves the initial December 1, 2016 deadline intact.

Providing fair wages for hours worked is an important value for those of us committed to higher education. As we bring new professionals into student affairs and endeavor to both support and retain them, these new regulations also speak to how best to create balanced and fulfilling lives within jobs that have non-traditional work hours. NASPA intends to facilitate ongoing dialogue about how we evolve as a profession and, above all, remains committed to serving both our students and the student affairs educators who work with them. 

            Kevin Kruger