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All in a Day's Work® - Insights on Labor & Employment Law

New overtime rules accelerate to OMB

So, where exactly are we with respect to the final overtime rules that have been promised and promised again by the Department of Labor (DOL)? One step closer to publication. On March 13, 2016, the rule appeared on reginfo.gov, which tracks government agencies’ regulatory actions as they are submitted for review to the Office of Management and Budget (OMB). After a review period, which could take as long as several months or as short as a few weeks, the final rule will be published in the Federal Register and take effect within 60 days of publication. U.S. Solicitor of Labor, M. Patricia Smith, stated in mid-February that the anticipated publication date is July 2016, and we are hearing that is still the target publication date. This means that the regulations would make their way through OMB with lightning speed in comparison to the long delay experienced with the Department of Labor this past year.

Although there have been many missed deadlines up to this point, this makes perfect sense if you consider the election year and timing—the current administration must work quickly to implement the rule to protect it from being overridden by a new administration. If published on July 7, the revised rules would go into effect on Labor Day. How appropriate!

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