The Department of Labor is attempting to rewrite a regulation which the Obama administration attempted to implement last year. Federal Judge Amos Mazzant, an Obama appointee, blocked the regulation in November stating;
“The Department has exceeded its authority and gone too far with the Final Rule.”
Now, the DOL must now tackle the huge mess left by government overreaching.
Obama wanted to raise the overtime maximums for workers. This would have more than doubled the amount the current threshold for employers, an increase that likely would have overwhelmed many businesses.
State governments and industry groups both raised legal challenges when the former president tried to raise the minimum from $455 per week to $913. The administration also would have added an automatic annual increase in the rate. Judge Mazzant pointed out the problems with the proposal;
Nothing in [the law] allows the Department to make salary rather than an employee’s duties determinative. Nothing in the EAP [executive, administrative, or professional] exemption indicates that Congress intended the Department to define and delimit with respect to a minimum salary level.”
Naturally, the Obama administration appealed the judge’s decision but President Trump’s Justice Department has announced it will not continue to defend the proposal. The DOL has asked the court for time to allow them to amend the proposal. They are hoping to retain some of their power to regulate rules;
“We are asking the court to stay the appeal because the department is in the process of reconsidering the rule. We are asking the court to respect the department’s authority to set the rule. The intention is for the case to be mooted once the department revisits [the regulation].”
The department has indicated they will increase the threshold of overtime pay but at a more modest increment than the one suggested by Obama. They opened the debate to the public and have received more than 100,000 comments in three months. The department says they now need time to consider those.
No timeline has been set for how long all of this might take the DOL.
Source: The Washington Free Beacon