Office of Management and Budget

News & Analysis as of

U.S. House of Representatives v. Burwell: A Failure to Appropriate, Not a Failure in Drafting

“A most curious and convoluted argument whose mother was undoubtedly necessity,” wrote Judge Rosemary M. Collyer in describing the argument made by the U.S. Department of Health and Human Services (HHS) to uphold the...more

A lighter touch — Final FAR rule issued on safeguarding contractor information systems

On Monday, May 16, 2016, the FAR Council is expected to issue its long- awaited final FAR rule ("the Final Rule") on safeguarding contractor information systems. This rule, effective immediately, creates a new contract...more

Is Today Overtime D-Day?

May 16th may be a significant day for employers across the country. After more than two years of debate, analysis and overall panic from employers across the country, this is the deadline that was widely reported when the...more

OMB Approves Revised Directive Regarding Functional Affirmative Action Programs

On April 28, 2016, the U.S. Office of Management and Budget (“OMB”) approved the Depart of Labor’s revised directive regarding Functional Affirmative Action Programs (“FAAP”).  The revised directive amends the procedures for...more

The President’s FY 2017 Budget Proposal Seeks to Modify Like-Kind Exchange Rules for All Real and Personal Property and Restrict...

The Internal Revenue Code (IRC) requires sellers of investment or business property to pay taxes on any gains realized from sales of such property. However, Section 1031 of the IRC (§1031) has provided an exception to the...more

Minnesota Weekly Legislative Update

With just over two weeks of session remaining, the window for Minnesota legislators to pass a final transportation bill, tax bill, bonding bill and supplemental budget bill is closing quickly. Conference committee members...more

Is the DOL Lowering the Salary Threshold in its Overtime Regulations?

As the Office of Management and Budget continues to consider the DOL’s proposed regulations – to drastically increase the minimum salary that employees must be paid in order to be exempt from payment of overtime – industry...more

Fair Pay And Safe Workplaces Regulations Sent To OMB For Approval

On May 4, 2016, the Office of Management and Budget (“OMB”) received proposed final regulations for the implementation of President Obama’s controversial Fair Pay and Safe Workplaces Executive Order (the “Order”). The Order,...more

Overtime Exemption Changes Expected Next Week

The U.S. Department of Labor (DOL) is poised to release the final rules regarding overtime exemption changes. On March 14, the DOL submitted its final version of the regulations to the Office of Management and Budget (OMB)...more

One Year Later: The DOL’s “New” Overtime Rules Are Finally On The Way – Get Ready!

Almost one year ago, we reported that “the speculation was over” regarding the U.S. Department of Labor’s (DOL) long-awaited “Notice of Proposed Rulemaking” (NPRM) which addressed overtime exemptions and minimum salary...more

Approval of the DOL's Changes to the Overtime Exemption Rules Is Imminent

Last year, the U.S. Department of Labor (DOL) proposed rules to increase the salary level for employees exempt from overtime under the Fair Labor Standards Act (FLSA). The proposed rules sought to increase the salary level...more

Countdown to the Final Overtime Rule: The Clock Is Ticking on Your Current Exemptions

On March 15, 2016, the U.S. Department of Labor’s (DOL) Wage and Hour Division delivered its proposed final revisions to the Fair Labor Standards Act’s Part 541 overtime regulations to the Office of Information and Regulatory...more

Sources Reporting Salary Basis Threshold In Final Rule Lowered to $47,000

Multiple sources are reporting that the DOL’s Final Rule regarding the exempt status salary basis threshold will set the minimum salary at approximately $47,000 per annum, rather than the previously-reported $50,440. ...more

Senator Tom Carper Questions Office Of Management And Budget Regarding Emerging Cybersecurity Technologies

On April 8, 2016, U.S. Senator Tom Carper, the ranking Democratic member of the Senate Homeland Security and Governmental Affairs Committee, sent a letter to Shaun Donovan, Director of the Office of Management and Budget...more

Minnesota Weekly Legislative Update

Thursday, April 21 was the third bill deadline at the Legislature, by which date committees must act favorably upon all major appropriation and finance bills. During the week, committees in both the House and Senate met...more

IRS: Don’t Answer All the 5500 Questions!

The 2015 Form 5500 added some new optional compliance questions for the 2015 Forms 5500 and 5500-SF. In December 2015, the IRS issued frequently asked questions on the new compliance questions and strongly encouraged plan...more

Utah Employers Should Prepare for New Overtime Rules

The Department of Labor (DOL) has submitted its proposed rule regarding the white collar overtime exemptions for a final review to the White House Office of Management and Budget. It is anticipated that the final rule will be...more

Employers Should Prepare for New Overtime Rules

The Department of Labor (DOL) has submitted its proposed rule regarding the white collar overtime exemptions for a final review to the White House Office of Management and Budget. It is anticipated that the final rule will be...more

New Overtime Rules May Be Here Sooner than Expected

The timeline for adoption of the Final Rule of proposed changes to the white collar overtime exemption has been hard to pin down. In early November of 2015, Solicitor of Labor M. Patricia Smith, during a panel discussion at...more

A&B Healthcare Week in Review

I. REGULATIONS, NOTICES, & GUIDANCE - On April 4, 2016, the Centers for Medicare & Medicaid Services (CMS) issued the Final Calendar Year (CY) 2017 Medicare Advantage Capitation Rates and Medicare Advantage (MA) and...more

FCC Releases Open Internet Transparency/Disclosure Rule Safe Harbor in the Form of Broadband Service “Labels” for End User...

The FCC has released its safe harbor disclosure framework under the Open Internet transparency requirements for end user customer disclosures, which take the form of a broadband “label” –not unlike the form of labels used by...more

DOL’s Proposed Overtime Rule Advances Ahead of Schedule

On March 14, 2016, the Department of Labor (“DOL”) submitted its overtime rule, entitled “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees,” to the...more

Also In The News - Health Headlines - March 2016 #2

OMB to Review Proposed Rule on Merit-Based Medicare Payment for Physicians – The White House Office of Management and Budget (OMB) is reviewing a proposed rule that would implement the Merit-Based Incentive Payment System...more

Fiduciary Regulation and How Recent Cybersecurity Government Publications Impact HIPAA Security Compliance and the New Audit...

Fiduciary Regulation - The Office of Management and Budget released the final Fiduciary or Conflict of Interest regulation and related prohibited transaction exemption modifications from its review today. The next...more

DOL Expected To Publish Final Overtime Change Within Ninety Days Now

As reported here previously, the U.S. Department of Labor (DOL) has proposed amending the regulations under the Fair Labor Standards Act (FLSA) to increase the minimum salary for employees to qualify for the executive,...more

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