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House Considers Overtime Rule’s Small Business Impact

The Big “I” submitted written testimony to the U.S. House of Representatives Small Business Committee, outlining its concerns with the new Department of Labor overtime rule.
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In its ongoing efforts to advocate on behalf of small businesses, the Big “I” submitted written testimony to the U.S. House of Representatives Small Business Committee, outlining the association’s concerns with the new Department of Labor (DOL) overtime rule which could burden many agencies and their small business clients.

This morning, the committee held a hearing, “Damaging Repercussions: DOL’s Overtime Rule, Small Employers, and their Employees,” that reviewed numerous concerns regarding the rule.

The overtime rule updates a regulation that exempts certain employees from overtime and minimum wage requirements commonly referred to as the “white-collar” exemptions. It will require employers to pay overtime to many employees who were not previously entitled to it, and is set to take effect Dec. 1, 2016.

As Big “I” agencies prepare for implementation of the overtime rule, the association and others continue to advocate on Capitol Hill to stem its negative impacts. The Big “I” and its members have had numerous meetings with members of Congress and provided testimony in relation to the rule. In addition, the association participates in the Partnership to Protect Workplace Opportunity—a coalition comprised of a diverse group of businesses and trade associations which conduct congressional advocacy efforts in this realm.

The Big “I” also supports legislation designed to address the negative impacts of the rule. S. 2707 and H.R. 4773, the “Protecting Workplace Advancement and Opportunity Act” by Sens. Tim Scott (R-South Carolina) and Lamar Alexander (R-Tennessee) and Reps. Tim Walberg (R-Michigan) and John Kline (R-Minnesota), would stop the current rule and forbid the DOL from re-proposing it unless it meets certain conditions, including protections for small businesses.

Additionally, Sens. Lamar Alexander (R-Tennessee) and Ron Johnson (R-Wisconsin) and Rep. Virginia Foxx (R-North Carolina) introduced resolutions to block the DOL from implementing the rule under the Congressional Review Act (CRA). The CRA allows Congress to stop a federal agency from implementing a regulation by voting on a joint resolution, which only needs to pass with a simple majority in both the House and the U.S. Senate. However, if the resolution passes, it would likely face a Presidential veto, and the two-thirds majority necessary to overcome a veto may be hard to reach.

Jennifer Webb is Big “I” federal government affairs counsel.