Talking Stick - January/February 2017 - 13

Fair Labor Standards
Act Straw Poll Results
In response to the November 22, 2016,
preliminary injunction against the Fair
Labor Standards Act overtime rule,
ACUHO-I conducted another straw
poll (November 30-December 2, 2016)
to gauge the impact of this judicial
decision on compliance efforts. Almost
340 senior-level housing and residence
life professionals responded to this poll.
Below are some highlights:
More than half of respondents (52
percent) reported that they were in a
university-mandated holding pattern
as a result of the injunction, while
44 percent indicated that they were
either moving forward as planned (22
percent) or had implemented their
decision prior to the injunction (22
percent).
Almost half (a little more than 49
percent) of poll participants reported
that prior to the injunction they
planned to classify entry-level, live-in
staff as non-exempt (overtime eligible),
and 44 percent reported that they
planned to classify these staff members
as exempt.
Forty percent of participating
professionals indicated that the
preliminary injunction had no impact
on their classification decision for
entry-level, live-in staff moving
forward, while 42 percent stated that
the injunction caused them to pause
implementation efforts, 4 percent
reported that the injunction changed
their decision, 9 percent indicated that
this judicial development caused them
to roll back their implemented changes,
and 5 percent reported being unsure
about the impact of the injunction for
their decisions.
To view all of the results, go to
http://www.acuho-i.org/Portals/0/doc/
res/2016_FLSAstrawpoll_injunction.pdf.
- Holly Asimou

Respondents

Public

Private

57% 43%
At this point, where are you in your
FLSA decision-making process
for entry-level, live-in staff? (All
Respondents)

1%

1%

No insitutional guidance has been
provided

31% 21%
We are in a holding pattern
(university mandated)

1

1

9%

13%

15%

7%

%

%

We are in a holding pattern
(department mandated)

" Everyone
around
us is a bit
blind to the
strategy and
research that
goes into a
campaign or
message.

"

Janine McGee, The
University of Alabama. For
more information on the
challenges and successes of
marketing, see the feature
on p. 44.

We are moving forward

We had implemented before the
injunction

How much did the preliminary
injunction impact your classification
decision for entry-level, live-in staff?

40%
No impact

42%
Caused us
to pause our
implementation
efforts

Changed our decision 4%
Caused us to roll-back
implemented changes 9%
Unsure 5%

Campus Concealed
Carry a Reality at
Ohio State
Only ten days after a student
attacked 11 others on campus on
November 28, 2016, the Ohio
legislature passed a bill that would
allow concealed handguns on The
Ohio State University campus in
Columbus. The bill was signed into
law by Ohio Governor John Kasich
on December 19, 2016. Earlier in the
year, Texas, Colorado, Idaho, Kansas,
Mississippi, Oregon, Utah, and
Wisconsin passed similar laws, and
the debate around this being the best
safety solution continues.
- Camille Perlman
JANUARY + FEBRUARY 2017

13
http://www.acuho-i.org/Portals/0/doc/res/2016_FLSAstrawpoll_injunction.pdf http://www.acuho-i.org/Portals/0/doc/res/2016_FLSAstrawpoll_injunction.pdf
Talking Stick - January/February 2017

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