Squashing rumors that it intended to rush the white collar overtime rule out by May to avoid having it overturned should a Republican become president in 2017, the Department of Labor (DOL) has affirmed that it is sticking with its announced July publication date.
Speaking at an American Bar Association (ABA) meeting this week, Solicitor of Labor M. Patricia Smith confirmed that the DOL’s Final Rule regarding the Fair Labor Standards Act (FLSA) White Collar Exemption Regulations would be published in July 2016, with an effective date 60 days later.
(The last time overtime exemption rules were changed, under President George W. Bush in 2004, the effective date was placed 120 days down the line.)
The publication date of July could open the final rule to reversal by Congress and an incoming president if there are less than 60 session days left after its publication.
The Congressional Review Act gives Congress 60 session days to review any final rule. If there aren’t enough session days left in the legislative calendar, then the next Congress gets a fresh 60-session-day window, thus putting this year’s deadline at May 16 to avoid a 2017 review, provided Congress doesn’t stay in session longer than normal.