More than 100 business groups including TIA want more time to provide input on the US Department of Labor’s proposal to update overtime pay regulations, citing the “massive impact” of the rulemaking.
In a letter sent last week to Wage and Hour Division head Jessica Looman, business organizations including the TIA, Partnership to Protect Workplace Opportunity, the American Hotel & Lodging Association, the National Restaurant Association, and the National Retail Federation, among others, requested an additional 60 days to comment on the proposal.
“Additional time is needed in the comment period to allow the regulated community to analyze the rulemaking, fully assess the potential impact the changes will have on the economy, business operations, and workers, and develop comprehensive comments,” the letter said.
The proposal, released at the end of August, is estimated to make 3 million workers newly eligible for overtime pay when they work more than 40 hours a week. Business groups have already warned of potential legal challenges to the future rule, based on litigation over previous attempts to raise the overtime threshold.
The Biden administration rulemaking would ensure workers making less than about $55,000 annually are automatically owed overtime pay. It would also include automatic updates to raise the salary threshold every three years.
The proposed rule was released with a 60-day comment period, so if the extension is granted, the public would have 120 days total to provide feedback on the regulation.
?But pushing the public comment deadline another two months could be risky for the DOL, potentially butting up against the next election cycle.
If Democrats were to lose the White House in 2024, any policy issued by the outgoing administration could be delayed or canceled all together through another rulemaking or via the Congressional Review Act.
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