Paul DeCamp, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Washington, DC, office, was quoted in Law360, in “DOL Sets OT's Final Rule Date, But Classification Rule's Late,” by Irene Spezzamonte. (Read the full version – subscription required.)
Following is an excerpt:
The U.S. Department of Labor set the publishing date for the final rule determining employees' overtime eligibility, while missing its self-imposed November deadline for a final rule that would sort out workers' classification.
The department said in its regulatory agenda released Wednesday that it will issue in April the final rule titled "Defining and Delimiting the Exemptions for Executive, Administrative, Professional Outside Sales and Computer Employees" after officially releasing it in September. …
Employer-side Epstein Becker Green attorney Paul DeCamp, who criticized the overtime rule during the November hearing, told Law360 that "allowing roughly five months to move from closing the comment period to publishing a final rule is probably a bit fast, but not unprecedented."
DeCamp said the interesting aspect of the final rule's release is that "it has significant echoes of 2016" when the Obama administration issued its own rule for employees' overtime eligibility under federal law that a Texas federal court later tossed.
"The forthcoming rule will almost certainly face a similar litigation challenge, now backed by precedent more or less directly on point," DeCamp said.
DeCamp also said missing the November deadline to issue the final rule for determining workers' classification "is not particularly surprising."
"Agencies have long viewed dates in the regulatory agenda as aspirational placeholders, rather than as binding commitments to take specific regulatory action by a specific date," DeCamp said. "The delay could mean a number of things, such as ambivalence regarding the content of the final rule, difficulty in obtaining OMB clearance, or simply a shift in priorities coupled with limited regulatory bandwidth."