A House Republican has introduced legislation to prevent the Department of Labor (DOL) from finalizing its proposed rule modifying the white-collar exemption to Fair Labor Standards Act’s (FLSA’s) minimum wage and overtime (OT) rules. On February 15, Rep. Eric Burlison (R-MO) introduced H.R.7367, the Overtime Pay Flexibility Act.

The Overtime Pay Flexibility Act would “prohibit the Secretary of Labor from finalizing, implementing, or enforcing a proposed rule with respect to the salary threshold for overtime eligibility.” The proposed rule referenced is DOL’s proposed modification to the white-collar exemption from the FLSA’s minimum wage and OT rules. DOL proposed the modifications to the salary threshold of the white-collar exemption last September. The proposal would raise the salary threshold—the level below which the exemption would not apply—to $1,059/week (about $55,000/year).

Prospects: The House of Representatives, and possibly the Senate, too, is expected to enact legislation—whether it be the Burlison bill, a Congressional Review Act resolution, or something else—to block the proposed changes to the white-collar exemption, once it is finalized. However, President Biden is likely to veto any such legislation, and it appears there are not enough votes in either the House or the Senate to override a Biden veto.

 NAIFA Staff Contacts: Michael Hedge – Senior Director – Government Relations, at mhedge@naifa.org, or Jayne Fitzgerald – Director – Government Relations, at jfitzgerald@naifa.org.