Yesterday, the Department of Labor announced the final overtime rule, which will take effect on December 1 this year, and employers will have six months to comply. The final rule raises the salary threshold from $455 per week to $913 per week, or $47,476 per year. The rule will also automatically update this salary threshold every three years.
The New York Times editorial board praised the new overtime rule, calling it a “rare victory for fair pay.” Employers can respond to the new overtime rule in different ways: changing the pay structure for employees below the new threshold to an hourly rate; raising employees’ salaries above the threshold; hiring new people to do the work performed by those putting in unpaid overtime; or cutting the base salaries for employees who work over 40 hours a week, anticipating additional overtime pay. The board explained the new threshold will make about one-third of salaried employers eligible for overtime pay, as opposed to the current seven percent.
According to Politico, House Republicans are already considering using the appropriations process to block the new overtime rule. Rep. Tom Cole of Oklahoma, who heads the Labor-HHS-Education subcommittee, suggests they are considering attaching a rider to undo the rule.
Small businesses have expressed worry that the new rule will clash with their entrepreneurial business models, according to the New York Times. One small business owner explained her company is currently flexible, allowing employees to leave work for a few hours when necessary for personal reasons, and that tracking hours will get in the way of that flexibility. Indeed, private employers will no longer be able to offer comp time–giving employees who work extra time now time off later–for employees making under the threshold, although that will be permitted in the public sector. Another business owner, looking at his options, suggested he may hire more freelancers and independent contractors, at least at busier times of the year.
Politico reports the White House issued its spring regulatory agenda, including future Labor Department rulemakings. The Department of Defense and other agencies are set to release the “blacklisting” rule in August, which requires federal contractors to disclose past labor and employment law violations, and subjects egregious offenders to debarment. You can read the regulatory agenda here.
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May 9
Philadelphia City Council unanimously passes the POWER Act; thousands of federal worker layoffs at the Department of Interior expected; the University of Oregon student workers union reach a tentative agreement, ending 10-day strike
May 8
Court upholds DOL farmworker protections; Fifth Circuit rejects Amazon appeal; NJTransit navigates negotiations and potential strike.
May 7
U.S. Department of Labor announces termination of mental health and child care benefits for its employees; SEIU pursues challenge of NLRB's 2020 joint employer rule in the D.C. Circuit; Columbia University lays off 180 researchers
May 6
HHS canceled a scheduled bargaining session with the FDA's largest workers union; members of 1199SEIU voted out longtime union president George Gresham in rare leadership upset.
May 5
Unemployment rates for Black women go up under Trump; NLRB argues Amazon lacks standing to challenge captive audience meeting rule; Teamsters use Wilcox's reinstatement orders to argue against injunction.
May 4
In today’s news and commentary, DOL pauses the 2024 gig worker rule, a coalition of unions, cities, and nonprofits sues to stop DOGE, and the Chicago Teachers Union reaches a remarkable deal. On May 1, the Department of Labor announced it would pause enforcement of the Biden Administration’s independent contractor classification rule. Under the January […]