When are the new OT regs actually coming?

by Jared Bilski

If you’re confused about when the new DOL overtime regs are actually going to be released, it’s understandable. The agency seems to be sending some mixed messages about this game-changing reg change, and depending on which projection is accurate, HR pros may have a lot less time to prepare.  

The most eye-opening estimate recently came from DOL Secretary Thomas Perez. In an interview withBloomberg BNA, Perez said the DOL is “confident we’ll get a final rule out by spring 2016.”

That’s a significant change from the July release date the DOL said it was shooting for when it released its fall 2015 regulatory agenda.

So why in the world would Perez try to move up a date that’s not too far away to begin with? Four words: The Congressional Review Act.

Rule disapproval tool

This little-known tool could allow Congress to disapprove “major” final rules that are enacted by agencies such as the DOL, according to the Congressional Research Service, a Library of Congress branch. And the new OT regs certainly fit the definition of “major,” which is defined as any rule that would have an annual effect on the economy of $100 million or more.

The act gives Congress 60 legislative session days to pass a joint resolution that would invalidate any major rule. If the rule is submitted to Congress with fewer than 60 session days remaining on the legislative calendar, then the next Congress will have a similar 60-day period to consider the rule.

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