A bill cleared the House yesterday that would extend the rule beyond the December 1 deadline
The House of Representatives finally took some action related to the Department of Labor’s new overtime rule set to take effect on December 1st, but unfortunately their move is unlikely to be matched by the Senate.
Among the bills cleared by the House on September 28th was a measure by Tim Walberg (R-MI) that would delay the new overtime rule for six months beyond the December 1st deadline. The bill passed the House on a largely party line with a 246-177 vote, with five democrats voting in favor. Walberg introduced the bill last week in a gamut to get some democratic support after his bill to scrap the rule altogether failed to gain any democrat cosponsors.
While it is certainly encouraging to see the House take a stand against this rule, it remains highly unlikely that the Senate will take it up at all. They had already adjourned well before the House began voting around 10:15 pm Wednesday evening. Even if the Senate did want to pass the measure, they don’t have scheduled votes again until November 15, a short two weeks before implementation. NACS advises convenience employers to continue operating as if this rule is going into effect as scheduled. At this point, the only feasible way it would be stopped is if a lawsuit filed last week by 21 states suddenly gains some traction, though that too is seen as unlikely before December 1st.
Both the House and Senate went into overdrive yesterday to clear their legislative calendars, once negotiators reached an agreement on federal funding for dealing with the Zika outbreak and lead-contaminated water in Flint, Michigan. They are now headed back to their districts for a work period that will last until after the November election. The two big-ticket items yesterday were a bill that will fund the government through December 9, and the vote to override President Obama’s veto of a bill that would allow the families of September 11 victims to sue the Saudi government. It was the first successful veto override of Obama’s two terms.