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WASHINGTON, D.C. -The U.S. House of Representatives July 10 narrowly defeated (213 to 210) an amendment to the Labor, Education, Health and Human Services Appropriations bill that, According to Associated Builders and Contractors (ABC), would have blocked the Department of Labor (DOL) from revising the regulation implementing the Fair Labor Standards Act (FLSA). On July 8, ABC urged Congress to resist legislative intervention in the DOL attempt to revise outdated regulations comprising the FLSA, which has not been revised since 1954. DOL has proposed a revision to Section 541 of the FLSA regulation that defines white-collar employee overtime exemptions, and is currently reviewing public comment on these proposed changes. Thursday's vote ensured that this process would move forward without premature congressional intervention. "Under the current regulations, it is difficult for employers to determine which employees are exempt from overtime restrictions and which employees are non-exempt," said Pickerel. "DOL's proposed changes will clarify this process and update language in this regulation that presently includes position descriptions that have been out of date for many years. "ABC is pleased that the House rejected attempts to intervene in this process prematurely, as DOL officials have not had the opportunity to thoroughly review the public's comments on the proposals," said Pickerel. "Under the Congressional Review Act, Congress will have an opportunity to review a final regulation should the secretary decide to publish it after full deliberation." According to DOL, the proposed regulatory changes will guarantee overtime pay for any employee making less than $22,100 annually ($425 per week) regardless of the individual's job responsibilities. Current regulations only provide guaranteed overtime pay for workers making less than $8,060 annually. According to DOL, the proposed changes will guarantee an additional 1.3 million employees the right to overtime pay. "The proposed regulations would have a limited impact on the construction industry, as the vast majority of construction employees are non-exempt and qualify for overtime pay," said Pickerel. "Nonetheless, these changes are needed to eliminate the outrageous lawsuits currently facing employers trying to comply with these arcane regulations." For more information contact Danielle Ringwood at ABC, (703) 812-2041, ringwood@abc.org

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August 18, 2019, 12:51 am PDT

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