Over the last few days, Twitter has been a-twittering with buzz that the Department of Labor has sent the final overtime rules to the OMB.
This is the equivalent of one department sending another one an e-mail with the new rules. Why? Because it’s just the next step in getting the rules approved. But nothing more than that. Moreover, this step always happens in the issuance of regulations.
And here’s the really important point: We still don’t know what these final rules will be.
So ask yourself, is it really worth getting excited about one department sending the rules to another?
At the SHRM Employment Law & Legislative Conference yesterday, Tammy McCutchen, an attorney with Littler in Washington, D.C., and a former administrator of the DOL’s Wage and Hour Division, advised attendees to keep an eye on reginfo.gov, which tracks government agencies’ regulatory actions as they are submitted for review to OMB. Sure enough, the rule appeared on the site late March 14.
At the conference, McCutchen told attendees she believed the rule would work its way quickly through OMB and most likely be published by July 7, and take effect on Labor Day, Sept. 5. Alternatively, she said, the rule would be published the Friday before Labor Day, Sept. 2, to take effect Nov. 1—just prior to Election Day.
If you recall, I first reported on the timing of this back in November 2015. In that post, I reported on what I heard at the ABA Labor & Employment Law conference — “late 2016”.
Despite all the Twitter posts this week: Things are still on target.
For employers in Connecticut, this is really wait-and-see territory. First, we don’t know what the new overtime rules are going to be. And second, Connecticut has it’s own rules and we will need to analyze the interaction between existing state laws and these new federal overtime regulations.
Remember: Keep Calm & Carry On.