By Dana Stripling, JD, Garlo Ward, P.C.
www.garloward.com
Posted September 27, 2004
The House of Representatives has recently voted to block the new FLSA exemption rules, but the Senate has not approved it to date. The President has vowed to veto any such amendment. Specifically, in a 223-193 vote that saw 22 Republicans breaking rank with their party, the U.S. House of Representatives last week adopted an amendment that would prevent the U.S. Department of Labor (DOL) from enforcing any of the new Fair Labor Standards Act (FLSA) “white-collar” exemption regulations that would result in workers losing their rights to overtime pay. The House action, however, does not necessarily mean that the new rules will be overturned.
A House-Senate conference committee still must debate the federal fiscal year 2005 appropriations bill to which the overtime-pay amendment is attached. The amendment may be dropped from the appropriations bill during those negotiations. President George W. Bush has vowed to veto the appropriations measure if the amendment is not removed.
Efforts to halt the controversial white-collar exemption rule changes met a similar fate last year, when the House adopted an amendment to block the new regulations from taking effect; that amendment was dropped in response to Bush’s threatened veto. Although that may happen again, some legislators are saying that the impending presidential election — and the political hot potato that the new rules have become — is a complicating factor.
For now, all employers must comply with the new regulations, which took effect Aug. 23. Garlo Ward is offering onsite training and seminars regarding the DOL rules and their implementation. We will keep you updated as the controversial FLSA rules continue to be debated and implemented.
All information in this article is informational only and is not legal advice. Should you have any questions or a situation requiring advice, please contact an attorney.
Copyright 2004 by Garlo Ward, P.C., all rights reserved
Austin, Texas 78752-3714 USA
Telephone: 512-302-1103
Facsimilie: 512-302-3256
Email: Info@Garloward.com
