[Comments on Proposed OPM Amendment to Application of FLSA Exemption Criteria]

Comments were presented on a proposed amendment to Office of Personnel Management (OPM) regulations pertaining to the application of the exemption criteria of the Fair Labor Standards Act to Federal employees. GAO found that the proposed regulations do not contain a proposed effective date. GAO has held that, although OPM may change its exemption instructions, new exemption determinations are prospective only and may not be amended retroactively except to correct obvious errors. Since the regulations are not being amended to correct obvious errors, GAO urged OPM to amend the proposed regulations to expressly state that they are prospective only.