New DOL Overtime Law Passed?

hrinmi

[font size="1" color="#FF0000"]LAST EDITED ON 02-06-04 AT 10:54AM (CST)[/font][br][br][font size="1" color="#FF0000"]LAST EDITED ON 02-06-04 AT 10:49 AM (CST)[/font]

We got a compensation newsletter today that said the Senate passed the Spending bill that had the Overtime regs included.

I've only found one AP wire article on this.

They say the new OT Laws go into effect March 31,2004.

I can't believe there hasn't been more press on this?

Anyone else hear anything about it?

(Edits: TGIF, I can't type today)

HR in VA

Yeah, it has been in the news quite a while...think they tried to pass it last year. Saw an article last week that the Democrats are trying to stop it again.

System

Here's the next step, according to our newsletter Federal Employment Law Insider ([url]http://www.hrhero.com/feli.shtml[/url]):

DOL’s 2004 regulatory agenda indicates that the final
FLSA Part 541 overtime pay regulations will be issued in
March 2004. Expect DOL to meet that date, if not sooner,
to avoid the political controversy of having the regulations
issued in the middle of the national elections.
Also expect the final rules to be challenged again by
opponents in Congress through a “resolution of disapproval”
under the 1996 Congressional Review Act
(CRA). The CRA authorizes Congress to rescind regulations
shortly after their final publication by a simple majority
vote in both the House of Representatives and the
Senate. If passed, the rescission is sent to the president,
who may veto it.

There are two limitations on using the CRA to defeat
the final FLSA Part 541 overtime regulations. First, opponents
are unlikely to muster the two-thirds vote necessary
to override the president’s veto of the rescission. Second, if
the rescission of the regulations does prevail, under the
CRA, the regulations may not be repromulgated in the
same or substantially similar form — ever. Thus, opponents
of the proposed regulations who want to see the
salary-level test increased to raise overtime eligibility may
be prevented from doing so in the future.
The final regulations also may be challenged by opponents
in federal court under the Administrative Procedure
Act. That could delay implementation of the final rules
but is unlikely to rescind them.

The most frequently asked question is when the new
regulations will become effective. Absent a court-ordered
stay, the effective date of the new FLSA Part 541 overtime
regulations will most likely be somewhere between 90 and
120 days after final promulgation of the rules. The effective
date may be even earlier, however, simply to disprove
allegations from opponents that workers will lose overtime
eligibility under the new rules. ❖

James Sokolowski
HRhero.com