Capitol Correspondence - 10.30.17

DOL to Appeal Court Decision Overturning Overtime Rule

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The U.S. Department of Labor (DOL) will seek to appeal a decision by a federal court in Texas, which overturned the overtime rule. The issue at stake is that in its decision, the court questioned whether DOL could use salary thresholds at all in its regulations, leading DOL to appeal because it believes it has that authority. As a refresher for this issue, under the Obama Administration the Department of Labor had dramatically increased the salary threshold under which all hourly employees would qualify for overtime – this is the regulation that the court overturned. While the Trump Administration’s DOL is stressing that its appeal of the court’s decision should not be viewed as an endorsement of the higher threshold level set by the Obama administration, Secretary Acosta is on record supporting a smaller increase in the threshold.

ANCOR led a vigorous campaign around the overtime rule in 2016, resulting in IDD providers being the sole employers to receive a delay in complying with the rule. We continue to be engaged to make sure IDD provider voices are heard with the current Administration.