Will the new federal overtime rule survive the change in administration?

By: Emily Makings
12:00 am
November 16, 2016

The Skagit Valley Herald has a story about how the new federal overtime rule will affect employers and employees in Skagit County. The salary threshold that determines which employees are eligible for overtime will about double to $47,476 on Dec. 1.

What will happen to the rule given the results of the presidential election? The story quotes Mount Vernon attorney Kimberly Geariety:

“Trump could change this,” said Geariety during a Burlington Chamber of Commerce luncheon before the election. “It’s a platform of the Democratic Party now … It’s unlikely to be swift, though, because bureaucrats do not work that fast.”

Indeed, the rulemaking process is a process. Politico wrote about the options for killing the rule last week. If President-elect Trump wants to change the rule he’d have to propose a new regulation to undo it (which would require the standard notice and comment period) or Congress would have to pass legislation. Attorney Lee Schreter told Politico that it will be hard to change the threshold after it goes into effect, just from an employee relations standpoint. “But a Trump Labor Department might, she said, issue a new regulation to eliminate a provision in the rule that indexes the salary threshold to inflation.”

Categories: Categories , Employment Policy.