Monday, December 23, 2024

Congressman seeks to dam new FLSA time beyond regulation rule

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Dive Transient:

  • A Home invoice launched Feb. 16 would prohibit the U.S. Division of Labor from shifting ahead with its proposed rule updating the minimal wage threshold for figuring out time beyond regulation eligibility underneath the Honest Labor Requirements Act.
  • Below the invoice, launched by Rep. Eric Burlison, R-Mo., the Secretary of Labor could be prohibited from finalizing, implementing or implementing the time beyond regulation rule proposal. In a press launch, Burlison mentioned the invoice would “be sure that companies can handle time beyond regulation compensation in a method that advantages each enterprise and staff.”
  • DOL final August proposed to elevate the time beyond regulation eligibility threshold to $55,068 per yr, up from the $35,568 per yr mark set in 2019, and it might present for computerized updates each three years. DOL has slated a closing rule for publication in April.

Dive Perception:

As employers await additional phrase on DOL’s time beyond regulation laws, Burlison’s invoice is only one instance of the pushback the company has acquired because the rule’s publication in 2023.

Organizations together with the Society for Human Useful resource Administration have requested DOL to delay implementation of any new time beyond regulation rule to 2025, with SHRM citing implementation considerations on the a part of HR, finance and knowledge know-how departments, in addition to managers. In the meantime, the HR Coverage Affiliation known as for an prolonged compliance window to be included into future laws.

Employment legislation specialists who beforehand spoke to HR Dive mentioned they anticipate authorized challenges to the forthcoming closing rule. DOL’s effort to implement a $47,476 per yr threshold in 2016 met with litigation that finally ended when a federal decide enjoined the company’s closing rule and the White Home modified fingers.

Regardless of the uphill battle the rule could face, some attorneys have suggested employers to make plans for the brand new proposed threshold, even when they don’t implement modifications simply but.

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