SHRM: Derailing the DOL Overtime Rule before 12/1 is an uphill battle

 

In other words, don’t take your foot off the gas pedal preparing for the pending U.S. Department of Labor’s Overtime Rules.

Either that, or clutch your pearls a little tighter.

11th-Hour Efforts.

Speaking at the SHRM Lehigh Valley #HRLegalTrends – Annual October Two Day Conference yesterday, Lisa Horn, SHRM’s Director of Congressional Affairs and the Co-Leader of SHRM’s Workplace Flexibility Initiative described a few recent efforts in both the House and the Senate to address the pending U.S. Department of Labor’s Overtime Rules.

The bipartisan House bill, introduced by Kurt Schrader (D-OR), would phase in increases to the salary-level for the EAP exemptions over four years, rather than bump the salary level up right away by over 100%, which the final DOL rule would do (from $455 per week to $913 per week).

Meanwhile, last week in the Senate, Sens. Lamar Alexander (R-Tenn.), Susan Collins (R-Maine), James Lankford (R-Okla.), Tim Scott (R-S.C.), and Jeff Flake (R-Ariz.) introduced the Overtime Reform and Review Act, which would provide for four gradual increases in the salary level over five years, with a breather year in 2017 “giving employers and employees an opportunity to adjust to the new level while our independent government watchdog – the Government Accountability Office (GAO) – studies the impact of the rule on American workers after the first year of implementation, 2016.”

Ms. Horn told the SHRM Lehigh Valley audience that, while SHRM is lobbying to support these Congressional bills, it is unlikely that either will succeed. President Obama would surely veto either measure, unless there was significant Democratic support behind them.

Two pending lawsuits in Texas to derail the overtime rules — both of which were assigned to a federal judge appointed by President Obama — are considered longshots. Thus, a rider on an end-of-year spending bill stands the best chance at success. But, even then, the odds aren’t that good.

Still SHRM’s Advocacy Team and many of its members are working tirelessly to get support from Congress to soften the final overtime rules.

Until then, Meyer to the rescue!

Hopefully, you’re a regular reader of this blog, or read other lesser publications, and have already begin planning. But, if not, there’s still time.

Yesterday, I presented “Your Last-Minute Preparation HR Checklist for the New DOL Overtime Rules.”

If you’d like a copy of my slide deck, email me. I’ll hook you up.