• FREE RESOURCES
        • Accounts Payable
          Finally! The trick to securing greater T&E compliance
          Benefits
          Rooting out folks who don’t belong on your health plan: A 6-point dependent audit checklist
          IT
          3 costly misconceptions about biz email compromise
          Credit and Collections
          Collecting via email: 4 must-make moves in your subject line
          Accounts Payable
          5 Tough-to-spot signs that an invoice is fake
  • PREMIUM CONTENT
        • Staff management
          120 Proven Communications Tips for Today’s CFO
        • Payroll
          Handling Nonexempt Employee Pay: Stay Compliant and Avoid DOL Audits
          Accounts Payable
          T&E Best Practices: Complete Guide to Ensure Compliance
          Payroll
          Payroll Best Practices: 4 Ways to Save Time and Money
        • Staff management
          Email Best Practices: A 6-Question Quiz
          Staff management
          Innovative Communications Strategies: An Email Case Study
          Staff management
          A 5-part Framework for Successful Workplace Communications
        • SEE MORE
          PREMIUM RESOURCES
  • CORONAVIRUS RESOURCES
  • LOGIN
  • SIGN UP FREE

CFO Daily News

  • FREE RESOURCES
        • Accounts Payable
          Finally! The trick to securing greater T&E compliance
          Benefits
          Rooting out folks who don’t belong on your health plan: A 6-point dependent audit checklist
          IT
          3 costly misconceptions about biz email compromise
          Credit and Collections
          Collecting via email: 4 must-make moves in your subject line
          Accounts Payable
          5 Tough-to-spot signs that an invoice is fake
  • PREMIUM CONTENT
        • Staff management
          120 Proven Communications Tips for Today’s CFO
        • Payroll
          Handling Nonexempt Employee Pay: Stay Compliant and Avoid DOL Audits
          Accounts Payable
          T&E Best Practices: Complete Guide to Ensure Compliance
          Payroll
          Payroll Best Practices: 4 Ways to Save Time and Money
        • Staff management
          Email Best Practices: A 6-Question Quiz
          Staff management
          Innovative Communications Strategies: An Email Case Study
          Staff management
          A 5-part Framework for Successful Workplace Communications
        • SEE MORE
          PREMIUM RESOURCES
  • CORONAVIRUS RESOURCES
  • Accounts Payable
  • Credit and Collections
  • Payroll
  • Accounting
  • Benefits
  • Finance Technology
  • More
    • Employment Law
    • Strategy
    • Policy and Culture
    • Fraud
    • Payments and Transactions
    • Budgeting and Forecasting
    • Banking
    • Staff Management
    • Cost Control
    • Supply Chain
    • IT

The fate of the DOL’s overtime rule: What will Trump administration do?

Jared Bilski
by Jared Bilski
November 11, 2016
  • Employment Law
  • Payroll
2 minute read
  • SHARE ON

Based on the many comments during the Presidential campaign, a Trump administration promises to overhaul many current federal regs, including the DOL’s new overtime rule. But what does the administration actually have the power to change? And when can employers expect to see any possible changes? 

Trump himself said he’d exempt small business from the rule.

Politico recently broke down the various situations that could play out under the new administration.

Is this the end?

The major question many finance chiefs are probably asking themselves is: Can the new OT rule simply be killed outright when Trump takes office in January?

In short, no. In order to do this, the administration would have to rely on the Congressional Review Act, and the new OT rule came out too far in advance of the administration change for this to happen under that law.

What the Trump administration could do, however, is propose an entirely new set of regulations that would cancel out the current OT rule. Of course, this is a major undertaking that would take a lot of time.

As we’ve seen with the current FLSA changes, such a move would require a notice and comment period that could easily last a year or longer. On top of all that, any proposal would have to comply with the Administrative Procedures Act. That means the new administration, specifically the Trump DOL, would have to prove a change in economic circumstances prompted the rule change.

Another factor the new administration has to weigh with its decision: popular opinion.

While most businesses are staunchly opposed to the DOL overtime changes, the new rule has bi-partisan support from individuals. A Morning Consult study found 64% of Democrats, 57% of Republicans and 58% of independents support overtime rule.

What’s more likely

Even though the chances of an outright overhaul of the new OT regs are slim to none, the new threshold could look a lot different once the Trump administration gets done with it.

As Ross Eisenbrey, the vice president of the Economic Policy Institute, explains:

“They’ll get lobbied by the business community to figure out what [is] an appropriate threshold from their point of view.”

Others, like Littler Mendelson attorney Lee Schreter think the threshold will actually stand pat because, “it becomes hard as an employee-relations matter to take that away.” However, it’s very possible to see the administration issue a new reg to kill the provision in the current regs that indexes the salary threshold to inflation.

 

Keep Up To Date with the Latest Finance News

With CFO Daily News arriving in your inbox, you will never miss critical stories on accounting, benefits, payroll & employment law strategies.

Sign up for a free CFO Daily News membership and get our newsletter!
  • This field is for validation purposes and should be left unchanged.
CFO Daily News Logo
  • ABOUT CFO DAILY NEWS
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Accounting
  • Benefits
  • Payroll
  • Policy and Culture
  • Employment Law
  • Fraud
  • Finance Technology
  • Accounts Payable
  • Credit and Collections
  • Strategy
  • Payments and Transactions
  • Budgeting and Forecasting
  • Banking
  • Staff Management
  • Cost Control
  • Supply Chain
  • IT

CFO Daily News, part of the SuccessFuel Network, provides the latest Finance and employment law news for Finance professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day’s headlines, CFO Daily News delivers actionable insights, helping Finance execs understand what Finance trends mean to their business.

Privacy Policy Terms of Service
Copyright © 2021 SuccessFuel

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

preloader