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Business leaders suggest DOL regs to kill

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in Employment Law,Human Resources

Last week we reported briefly on Trump administration efforts to reach out to industry leaders and employers seeking suggestions on which government regulations should be cut to improve the nation’s business climate. The move was part of President Trump’s announced plan to cut two regulations for every new one that is enacted.

The results are now in. While the Environmental Protection Agency was the recipient of the most suggestions for regulatory rollbacks, the Department of Labor came in a close second. (See “DOL near top of regulatory hit list.”)

The DOL received 38 comments, running the gamut from complaints about the high cost of having to provide health coverage under the Affordable Care Act and under state workers’ compensation systems to a complaint about having to submit accident reports to the OSHA for posting on the internet.

Other complaints took aim at the rules for paying overtime, something that’s already on DOL’s radar. Currently, the overtime rules revised by the Obama administration are on appeal, and Labor Secretary-designate Alexander Acosta has indicated he expects those to be revised considerably. (See “Overtime rules still dead, hearing delayed until June 30.”)

Acosta believes the overtime rules include too large a jump in the salary threshold below which white-collar employees become eligible for overtime pay. He favors a salary threshold increase based on consideration of “the impact it has on the economy, on nonprofits, on geographic areas that have lower wages.”

Other commenters lamented that agencies charged with enforcing medically related employment laws don’t coordinate with one another. For example, one commenter suggested that the FMLA (administered by the DOL) and the ADA (which the EEOC covers) should be enforced by one agency to avoid compliance conflicts.

Final note: Look for more opportunities to weigh in soon. The U.S. Chamber of Commerce complained that the 30-day comment period was too short. It wants more time for its members to review specific DOL regulations and make additional suggestions on how the department should be reorganized.

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