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Dept. of Labor Overtime Regulations Update

Thursday, December 10, 2015   (0 Comments)
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Update from the National Association of Wholesaler-Distributors (NAW) on Dept of Labor Overtime Regulations

As you know, the U.S. Department of Labor (DoL) last summer unveiled its proposal to update the current regulations governing overtime pay, by more than doubling the minimum salary threshold for exempt employees and automatically increasing that salary level annually.  Additionally, the Department revealed that it was considering making revisions to the duties tests.

NAW has been deeply involved in this issue since DoL first announced its intention to update the regulations.  Last fall, we submitted comments in response to the Department’s initiative as did the Partnership to Protect Workplace Opportunity (“the Partnership”) of which NAW is a founding member and on whose Management Committee NAW serves.  Both NAW and the Partnership called on DoL to withdraw its proposal.

More than 130 national, regional, state and local organizations including NAW co-signed the Partnership’s comment letter, revealing the intensity of concern about the impact of the Department’s proposed rule in the nation’s employer community.

Since then, we have taken our cause to Capitol Hill.  Hearings on the proposed rule were conducted in the House Education & Workforce Committee last summer and in the House Small Business Committee earlier this fall.  Additionally, the Partnership followed its comment letter with a December 7th letter to all Members of Congress highlighting key themes developed in the earlier document and urging Members to intercede with the Obama Administration on behalf of reconsideration of the proposed rule.  A total of 164 organizations signed the Partnership’s letter, more than 70 of which had not signed on to the Partnership’s earlier comments.  The substantial increase in interest demonstrates an increasingly acute awareness across the economy of the consequences of the Department’s proposed rule should it be finalized in its current form.

The Department’s regulatory agenda reveals that the target date for the issuance of the final overtime regulation is July 2016.  It is further our understanding that the Department intends for the new regulation to go into effect in calendar 2016.

NAW and our Partnership allies are “gearing up” for what promises to be a difficult fight to prevent the Department’s overtime regulations from going into effect as planned.  Knowing of the intense interest of NAW member companies in this important issue, we will keep you apprised of developments as appropriate.

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