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 “GOP House Committee Chair Requests More Time on OT Rule,” by Irene Spezzamonte. (Read the full version – subscription required.)

Following is an excerpt:

U.S. House Education and the Workforce Committee Chairwoman Virginia Foxx, R-N.C., urged the Department of Labor on Friday to extend the comment period on its new proposed overtime rule for highly compensated employees, calling the current 60-day period "out of touch."

Foxx asked acting Labor Secretary Julie A. Su in a letter to add 60 days to the current comment period on the Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees proposed rule, saying the extension is necessary for employers and stakeholders to mull the proposed rule's impacts.

"Sixty days is nowhere near enough time for the public to scratch the surface of the disastrous changes in the Biden administration's overtime rule," Foxx said in a statement to Law360. "Every worker and business owner deserves to have the proper time to evaluate how this proposal will impact their lives and make their voices heard."  …

The proposed rule, which was published after more than a year of delays, would raise the salary threshold to $1,059 per week, about $55,000 per year, for employees to be considered exempt from overtime under the Fair Labor Standards Act. …

The proposed rule would have a "far-reaching regulatory change" that "will impact countless businesses and other employers," and therefore the current 60-day comment period ending Nov. 7 is not enough, Foxx said in the letter. …

Extending the comment period will allow the public to sort out whether updating the salary threshold "is in the best interest of affected stakeholders and the economy, and that the benefits would truly outweigh the costs," Foxx said.

Employer-side Epstein Becker Green attorney Paul DeCamp, who was an administrator of the DOL's Wage & Hour Division from 2006 to 2007, told Law360 on Friday that Foxx's request "seeks to emphasize the importance of this request on behalf of businesses across the country" and that the DOL's decision could affect Su's confirmation process. 

"If the department refuses this request from the chair of the House education and labor committee, that is an issue that could affect the pending Senate confirmation proceedings for both the secretary of labor role and the Wage and Hour administrator position," DeCamp said. 


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