Removing Barriers Blog

DOL Sends RFI to OMB for Overtime Rule
Posted July 05, 2017 by CUNA Advocacy

Last week the Department of Labor sent a Request for Information (RFI) to the OMB for the overtime rule which was finalized in 2016. CUNA previously commented on this rule and has been following the litigation surrounding it, which led to a nationwide injunction of the rule in December 2016. 

Many stakeholders thought that the DOL would withdraw entirely the DOL’s appeal of the injunction once the new Secretary was in place, leaving the rule unenforceable. However, last week the DOL filed a brief asking the court not to invalidate its ability to use salary levels to determine qualification for overtime. The brief stated, “The Department requests that this Court not address the validity of the specific salary level set by the 2016 final rule ($913 per week), which the Department intends to revisit through new rulemaking.” 

It appears that the DOL plans to propose a new rule, but is now waiting for the court to rule on the issue of whether it can set salary thresholds. In the past the DOL Secretary has indicated that he supports an increase to current salary threshold to qualify for overtime, but has other concerns about the final rule in its current form. CUNA plans to review and comment on the RFI once it is published in the Federal Register.