On Thursday, March 17, legislation was introduced in both the House
of Representatives and the Senate which would invalidate the proposed overtime rule changes. The legislation, The Protecting Workplace Advancement and Opportunity Act, would limit the actions of the Department of Labor (DOL).
legislation would nullify the overtime rule and prevent the DOL from
promulgating anything substantially similar. It would require the DOL to
reanalyze the economic effects of this action, particularly on small
employers and non-profits.
The bill would also prohibit the
inclusion of automatic salary updates in any future version of the rule.
It would also restrict the ability of the DOL to issue any changes to
the existing duties tests without providing specific text in the
proposed rule for public review and comment.
In the Senate, the legislation’s chief sponsor was Senator Tim Scott (R-SC). On the House side, Representative Tim Walberg (R-MI) is leading the charge.
this legislation is unlikely to become law, it sets the stage for
further Congressional action to prevent the rule from becoming