Continued Controversy Surrounding The Proposed New Overtime Rule

Franczek P.C.
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Since June, we have written a number of posts covering the Department of Labor’s proposed new overtime rule (see our posts here), and the more than doubling of the salary level threshold for white collar exempt positions. The proposed increase in the salary threshold was quite polarizing and resulted in nearly 300,000 comments. Despite the number of comments, in September, the DOL reported to the House and Senate that it would not extend the 60-day public comment period. At that time, the DOL expressed the belief that it “produced a quality regulation” resulting from the public outreach the Department conducted between March 13, 2014, when President Obama directed the agency to update its regulations, and September 4, 2015, when the public comment period ended. Apparently, not satisfied with this response, on February 12th, the House Education and Workforce Committee renewed its inquiry into the DOL’s outreach efforts, requesting that the DOL provide evidence of meetings, telephone calls, and other communications demonstrating the DOL’s outreach activities. This request signals an attempt by some members of Congress to somehow delay or affect the issuance and implementation of the final rule. We will continue to provide updates on the proposed new rule as the anticipated date of issuance approaches. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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