Earlier this week the Big “I” submitted comments to the Department of Labor (DOL) outlining information the DOL should consider if the Trump Administration decides to update federal overtime regulations.
Last month in a major victory for Big “I” members, a federal judge struck down a 2016 regulation on overtime pay. The overly complex rule would have required that many employees, who were not previously legally entitled to overtime pay, receive overtime pay.
The Big “I” had strongly opposed the rule throughout the regulatory process and last year joined the U.S. Chamber of Commerce, more than 55 other business groups and 21 state governments in lawsuits against the DOL. The Big “I” was the only insurance trade association to join this effort.
While the lawsuit means that the 2016 regulation will not take effect, in July the DOL released a request for information to help formulate a new proposal to amend overtime pay regulations. The Fair Labor Standards Act (FLSA) requires the DOL to periodically review overtime pay regulations. But, in order for the DOL to finalize any new rule, the Administration must follow the Administrative Procedure Act, which is generally a multi-year process.
In response to this request, the Big “I” submitted a letter to the DOL highlighting issues the DOL should consider related to independent insurance agents and brokers. The Big “I” also submitted a letter as part of the Partnership to Protect Workplace Opportunity (PPWO). The PPWO consists of a diverse group of associations, businesses, non-profits and other stakeholders representing employers with millions of white-collar employees across the country in almost every industry who were (or who would have been) impacted by the DOL’s 2016 final overtime rule.
Jennifer Webb is Big “I” federal government affairs counsel.