The negative reaction faced by the Democrats in the recent mid-term elections throws the fate of many existing and proposed regulations into question. Amongst them, proposed changes to the Fair Labor Standards Act (FLSA) regulations now hang in the balance. The 75 year old FLSA was previously revised in 1983. Further revisions must be considered in light of the number of states that have already adopted much higher minimum wages and differing duties for exempting overtime pay. There is no doubt that this law needs to be evaluated to fit its alignment with the realities of the employment situation in today’s America, which is more focused on services and less on manufacturing.
The proposed changes to the FLSA regulations deal with:
If and when these changes are made, the Department of Labor (DOL) would have to await public comment over a period of 30 days, prepare a final draft and get it approved by the Office of Management and Budget’s Office of Information and Regulatory Affairs. This process would take from 60 to 120 days.
Assuming that the current government sticks to its resolve to enact some or all of these changes, will the protracted approval process be complete before the 2016 elections? If so, we can then expect a rash of legal challenges. There is a long wait ahead for anyone who is looking forward to the changes happening sooner than later.
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