NMHC and NAA sent
a detailed comment letter to the House Committee on Education and the Workforce
on June 6 urging the swift approval of the “Protecting
Workplace Advancement and Opportunity Act,” which would overturn the
Department of Labor’s (DOL) final overtime rule issued last month. The
legislation would also require that a comprehensive economic and impact
analysis be conducted prior to a subsequent rule being finalized.
Specifically, the DOL’s final overtime rule lifts the overtime pay threshold from $23,660 to $47,476 - impacting an estimated 4.2 million workers nationwide. Effective December 1, 2016, executive, administrative and professional employees who are paid by the hour, or earn less than the threshold, will be eligible for overtime pay.
Our letter was sent in advance of the Committee’s scheduled June 9 hearing focused on examining the final overtime rule. NMHC/NAA have continued to work tirelessly to overturn this rule since its initial introduction because, in part, it would harm the ability of multifamily employers to implement, and their employees to take advantage of, flexible scheduling options. The final rule would also limit career advancement opportunities for employees.
NMHC/NAA also joined with the Partnership on Protecting Workplace Opportunity (PPWO) to send another letter demonstrating the wide range of businesses that the rule would harm. We are working closely with the PPWO to turn back the rule.
While prospects for derailing the rule are unclear, there is no shortage of legislative vehicles. In addition to the “Protecting Workplace Advancement and Opportunity Act,” which has been introduced in both congressional chambers, Senate Health, Education, Labor and Pensions Chairman Lamar Alexander (R-TN) introduced a measure on June 7 to overturn the rule through use of the Congressional Review Act. Lawmakers are also reportedly considering amendments to upcoming appropriations bills to bar the DOL from using funds to implement the rule.