On August 31, the Department of Justice (DOJ) "formally ended the Obama administration's expansion of the federal overtime rule, by announcing it would not appeal a District Court's ruling that said the government overreached when it expanded the number of people covered by the rule," the
), a coalition that ASBO International is working with to advocate for sensible overtime reforms, says the decision "effectively vacates the Obama overtime regulation," as the DOJ does not plan to appeal it. (See PDF attachment for details.)
Thank you to everyone who advocated with ASBO International on this issue, and please remember to
to the Trump administration about how the federal government should/should not change overtime regulations. Officials are still accepting public comments until September 25, and will consider feedback if/when they decide to propose a new rule in the future.
for more details about the administration's request, what information they're seeking, and how to submit your feedback.
Original Message:
Sent: 07-27-2017 10:48
From: ASBO USA
Subject: DOL/FLSA Overtime Regulations Advocacy Update
After a Texas federal judge halted the Obama administration's 2016 proposed rule to change the Department of Labor's (DOL) overtime rule last December, the regulation's status has been left in limbo ever since. (Read this blog for a refresher on what the rule would do.)
However, POLITICO reports that the Trump administration is now reexamining the regulation after DOL issued a request for information this week. The agency is seeking public comments on several items regarding the proposal, including:
- Whether DOL should adjust the salary threshold of $23,660 to inflation
- Whether there should be 'multiple standard salary levels' based on the size of the employer, census region or other factors;
- Whether there should be 'different standard salary levels for the executive, administrative and professional exemptions';
- Whether the 2016 rule proposed by the Obama administration supplanted the duties test;
- Whether the salary threshold should update automatically;
- Whether employers should rely only on a duties test 'without regard to the amount of salary paid by the employer.
The request was published in the Federal Register yesterday, and will be open for 60 days for public comment. Comments may be submitted to the DOL here, but please feel free to discuss the issue with your peers on the network. Please stay tuned as we learn more information in the coming weeks.
------------------------------
ASBO USA
asbousa@asbointl.org
Original Message:
Sent: 11-28-2016 10:48
From: ASBO USA
Subject: DOL/FLSA Overtime Regulations Advocacy Update
In case you missed it, last Tuesday, a Texas federal judge issued an emergency injunction against the Department of Labor's (DOL) new overtime rule. The overtime rule would have taken effect December 1, but is now delayed. Employers should continue following current overtime regulations until further notice.
POLITICO reports that although the injunction is temporary, Judge Amos Mazzant's decision "signaled a strong likelihood that he'll eventually side with 21 state attorneys general and a coalition of business groups that sued to block the regulation." The Department of Justice (DOJ) said in a written statement that it is reviewing the court's decisions and considering next steps. Meanwhile, Mazzant said that the DOL exceeded "its delegated authority and ignored Congress's intent by raising the minimum salary threshold such that it supplants the duties test," under its overtime rule.
POLITICO also notes that the injunction, or "regulatory timeout" should allow Congress time to vote and stop the regulation once and for all and "let the incoming Trump administration create a more realistic and workable overtime solution" for employees and employers alike. However, supporters of DOL's rule are planning to appeal the court's decision to see if the rule will be upheld. For more coverage, see this article from The Hill.
------------------------------
ASBO USA
asbousa@asbointl.org
Original Message:
Sent: 11-02-2016 14:44
From: ASBO USA
Subject: DOL/FLSA Overtime Regulations Advocacy Update
The Partnership to Protect Workplace Opportunity (PPWO) coalition, which ASBO International is working with to mitigate the new overtime rule, hosted a phone conference with Senator Lamar Alexander (R-TN) about S. 3464, the "Overtime Reform and Review Act." Sen. Alexander is encouraging those who support delaying/mitigating the overtime rule to contact their senators to support S. 3464 while officials are on recess. As a reminder, the legislation would:
- Phase in the overtime rule gradually over five years, increasing the overtime exemption salary threshold annually from 2016 through 2021.
- Require the Department of Labor (DOL) to go through the normal rulemaking process to increase the annual threshold (instead of raising it automatically).
- Exempt nonprofits, state and local governments (e.g., school districts) and other eligible employers from additional threshold increases for subsequent years until the federal government can prove the first threshold increase hasn’t adversely affected these employers.
While ASBO International would prefer a full repeal of the rule, we acknowledge the current political climate is only conducive to passing a bill that phases the rule in. (President Obama expressed that any legislation to repeal the rule would be vetoed.) However, Alexander says some Democrats are open to phasing in the rule if their constituents support it, so S. 3464 is the best chance for mitigating the rule’s impact on employers. ASBO International will soon send a letter of support to the Senate, which will be shared here later. If you would like to join this initiative, please consider writing or calling your officials to urge them to pass S. 3464 as soon as Congress reconvenes.
------------------------------
ASBO USA
asbousa@asbointl.org
Original Message:
Sent: 09-30-2016 11:29
From: ASBO USA
Subject: DOL/FLSA Overtime Regulations Advocacy Update
Congressional Republicans have continued to try to block, delay, and repeal the Department of Labor's (DOL) new overtime rule up until the election recess (which started today and goes through November 14). As mentioned in this thread, there are several bills in progress (H.R. 4773, S. 2707, a policy rider in the labor appropriations bill, and HR 5813) to delay or block the bill.
However, there are some new initiatives worth noting:
- This week's legislative update highlights a bill introduced by Rep. Tim Wahlberg (R-MI), H.R. 6094, the "Regulatory Relief for Small Businesses, Schools, and Nonprofits Act," which would delay the rule by six months to June 1, 2017. The House voted and passed the bill Wednesday on a 246-177 vote, and the Senate introduced a companion bill before leaving this week as well.
- Sen. Lamar Alexander introduced the "Overtime Reform and Review Act" on Thursday, a Senate companion bill to H.R. 5813, to phase in the salary threshold increase over a period of five years (instead of immediately on December 1, 2016); prohibit a salary increase in 2017 to allow employers time to adjust to the rule and require the Government Accountability Office to study the impact of the rule during its first year of implementation; and prevent any automatic increases to the threshold (among other provisions).
- S. 3429, the "Small Business Survival from Disaster Act," which was introduced by Sen. David Vitter (R-LA) on Thursday as well. It would delay the rule's implementation by two years "in any state that has a major disaster declaration" until December 1, 2018. Learn more here.
As of now, the White House has indicated President Obama likely will veto any bill that tries to repeal or delay the overtime rule, which means that a Congressional veto override would be required to ensure any of these initiatives pass. Please stay tuned to this thread for any further updates on the overtime rule.
------------------------------
ASBO USA
asbousa@asbointl.org
Reston, VA
United States
Original Message:
Sent: 07-25-2016 10:54
From: ASBO USA
Subject: DOL/FLSA Overtime Regulations Advocacy Update
There are several new updates regarding overturning or easing requirements of the Department of Labor's (DOL) final rule to expand overtime pay for employees by December 1, 2016.
- The Partnership to Protect Workplace Opportunity (PPWO) and ASBO International are continuing to advocate support of H.R. 4773 & S. 2707 the "Protecting Workplace Advancement and Opportunity Act." The companion bills would require DOL to conduct a study on the rule's effects on various industries before implementing it. On June 23, PPWO sent a letter thanking officials for holding a hearing on the rule's unintended consequences for public and small employers. And on July 13, PPWO sent a letter to House appropriators to thank them for adding a policy rider to overturn the rule in the House Labor, Health and Human Services, and Education (L-HHS-ED) Subcommittee draft spending bill for FY2017.
- On July 14, the House Appropriations Committee approved the L-HHS-ED spending bill with the overtime policy rider included. The final House bill must now be reconciled with the Senate L-HHS-ED appropriations bill that did not include such a provision. Since Congress is on recess and won't have much time to pass all 12 appropriations bills before the fiscal year end when it reconvenes, a continuing resolution/omnibus bill will be likely to avoid a government shutdown. The question then is whether officials will include the rider in the final omnibus bill.
- While Republicans are adamantly against the overtime rule, Democrats are split. On July 14, Rep. Kurt Schrader (D-OR) introduced a bill to "soften the impact" of the overtime rule via H.R. 5813, the "Overtime Reform and Enhancement Act (OREA)," which many Democrats are divided about. The bill would keep the salary threshold at $47,476 but phase it in over three years, with full implementation by December 1, 2019 (instead of this year). It would also remove the final rule's provision to update the salary threshold automatically every three years; OREA would instead require any increases to go through a rulemaking process to allow stakeholders to weigh in on future changes. ASBO International has not formally taken a position on this bill yet, as we are prioritizing our focus with PPWO on H.R. 4773 and S. 2707.
To learn more/advocate on this issue, see the PPWO's template letters for general talking points and contact your elected officials via ASBO International's Legislative Action Center. In the meantime, please stay tuned to this thread for more updates.
------------------------------
ASBO USA
asbousa@asbointl.org
Reston, VA
United States
Original Message:
Sent: 06-13-2016 09:37
From: Elleka Yost
Subject: DOL/FLSA Overtime Regulations Advocacy Update
Good morning,
Last week, the Partnership to Protect Workplace Opportunity (PPWO) coalition, including ASBO International and other organizations, sent a letter to the House Committee on Education and the Workforce to thank committee members for holding a hearing about the new overtime rule issued by the Department of Labor (DOL). During the meeting, Congress members expressed concerns to the Secretary of Labor that DOL did not adequately consider public comments in opposition to the overtime rule because of unintended consequences the rule would have for the public sector, nonprofit organizations, small business, and other industries. The letter also urges Congress members to support HR. 4773, the Protecting Workplace Advancement and Opportunity Act, to encourage DOL to conduct an economic impact analysis of the overtime rule on the public sector, nonprofit organizations, small business, and other industries. Please see PPWO's letter attached to this post for more information and learn more about the overtime rule here.
Also, two days before Congress' hearing on the DOL rule, Senators Lamar Alexander (R-TN) and Ron Johnson (R-WI) introduced a Congressional Review Act resolution, S.J.Res.34 to nullify DOL's overtime rule; the resolution had the support of 44 Senate cosponsors at the time the bill was introduced. Their joint press release says that the resolution, if passed, would also "prohibit the Administration from issuing a substantially similar rule without congressional approval." Stay tuned for more updates on this measure to override the overtime rule.
In the meantime, you can contact your elected officials via ASBO International's Legislative Action Center and urge them to support HR. 4773 and/or S.J.Res.34 if you want to delay or nullify the overtime rule until Congress/DOL learns more about its effects on school districts and elsewhere.
Thank you.
------------------------------
Elleka Yost
Government Affairs & Communications Coordinator
ASBO International
eyost@asbointl.org
Reston, VA
United States
Original Message:
Sent: 05-23-2016 14:23
From: Elleka Yost
Subject: DOL/FLSA Overtime Regulations Advocacy Update
Good afternoon,
The final overtime rule was officially published in the Federal Register this morning, available here.
For more details, including how the rule will affect school districts, the likelihood that Congress can overturn it, and advocacy activities related to revising/repealing the overtime rule, please see this ASBOUSA blog.
Finally, the Partnership to Protect Workplace Opportunity (PPWO) shared the attached document with seven facts you should know about the rule.
Thank you.
------------------------------
Elleka Yost
Government Affairs & Communications Coordinator
ASBO International
eyost@asbointl.org
Reston, VA
United States