ISSA Submits Comments to DOL Opposing Overtime Proposal

November 7, 2023 ISSA Submits Comments to DOL Opposing Overtime Proposal

On November 6, ISSA submitted comments to Acting U.S. Department of Labor (DOL) Secretary Julie A. Su opposing the department’s proposed changes to the criteria for the executive, administrative, professional, outside sales, and computer employee exemptions from the overtime requirements under the Fair Labor Standards Act.

In the comment letter, ISSA Director of Government Affairs John Nothdurft explains that “businesses in the cleaning industry are already facing labor shortages, while the demand for cleaning products and services remains at an all-time high.”

ISSA opposes the DOL proposed rule because the tight labor market, increasing demand for cleaning, as well as market and policy changes increasing the cost of labor are already straining the industry. The association also urges the department, if they choose to finalize the rule, to allow adequate time for the implementation and adoption of the new rule in the workplace.

Specifically, ISSA asserts that the proposal as written would:

  • Result in positions not being filled and cleaning services not being able to meet the demands from facilities.
  • Result in significant financial harm to businesses due to having to turn down business.
  • Result in loss of employee benefits and flexibility.
  • 86% of our surveyed members said this rule would drive the cost of cleaning products and services higher. This makes keeping facilities healthy and clean more expensive and would likely cause a reduction in proper and trained cleaning of facilities because some facilities may opt to use lesser or untrained workers to clean facilities to lower their operating costs.
  • 62% of our members said this proposal will reduce opportunities for professional development.
  • Not allow for public comment on automatic updates and thus DOL would not be able to accurately account for significant fluctuations and changes in the economy.

Nothdurft concludes that “Ultimately, if cleaning-related businesses cannot afford to fill vacancies, public health will suffer and customer contracts will be given up, all of which negatively impacts U.S. workers and the economy. For these reasons, we respectfully urge DOL to abandon this rule completely.”

The association thanks those members who provided ISSA with critical feedback on the proposed overtime rule in a recent member survey.

ISSA also told Congress that DOL should withdraw its overtime ruling as part of the Partnership to Protect Workplace Opportunity, which includes organizations representing private, public, nonprofit, and educational entities.

TAKE ACTION NOW: Urge your members of Congress to tell the U.S. Department of Labor to abandon its overtime proposal!

To learn more about this issue and ISSA advocacy, please contact ISSA Director of Government Affairs John Nothdurft.