White House Action on Key Labor Department Regulations

The U.S. Department of Labor’s Wage and Hour Division rulemakings on “regular rate” of pay and “joint employer” wage liability are on track for final publication as they move through important final evaluation steps in the regulatory process.

The new regular rate rule clarifies what employers can offer as perks to employees without those benefits being included in overtime wage calculations. A review of the rule by the White House’s Office of Management and Budget (OMB) has now been concluded, and a final rule will likely be published in the federal register in the coming days.

On December 3, the DOL sent a draft final joint employer rule on shared wage and hour liability to the White House for review. The business community has widely welcomed the clarity the joint employer rulemaking provides for companies in franchise, staffing, and other contractual arrangements. IWLA submitted comments in support of the proposed rule, along with suggestions for further clarifications that would be of assistance to the 3PL industry.

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