Compliance Corner: Trump Administration Reviewing Overtime Pay Requirements

One of the cornerstones of the Obama Administration’s labor agenda was a multi-year push to expand the number of employees who are required to re­ceive overtime pay (1.5 times the regu­lar rate of pay) for time worked in ex­cess of 40 hours per week. The Obama Administration’s final regulation was delayed before taking effect, and was recently struck down by a federal court. It is unlikely to ever take effect.

The Trump Administration, however, is also examining the need to update cur­rent overtime eligibility requirements with an eye toward expanding the num­ber of employees eligible for overtime pay. Although Trump’s Labor Depart­ment is unlikely to be as aggressive as the Obama Administration was (Obama proposed doubling the overtime salary threshold from approximately $23,000 per year to approximately $47,000 per year, with sporadic updates for infla­tion), it is reasonable to expect some type of update in the coming months....

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David Fialkov's photo

David Fialkov is the Vice President of Government Relations, as well as the Legislative and Regulatory Counsel, at NATSO. In this capacity, Mr. Fialkov direct's NATSO's legislative, regulatory, and legal strategy on a range of issues, including transportation, energy and fuels, labor, data security, and taxes. Mr. Fialkov also oversees NATSO's political engagement program, including individualized legal and political counsel to member companies. Prior to joining NATSO, Mr. Fialkov was the senior associate in the Government Affairs and Public Policy practice at the law firm of Steptoe and Johnson in Washington, D.C. At Steptoe, Mr. Fialkov advised clients on legislative, regulatory, and political issues, as well as legal concerns. His primary clients included trade associations representing the motor fuel wholesale and retail industries, including the National Association of Convenience Stores and the Society of Independent Gasoline Marketers of America. Mr. Fialkov's focus was not only on the motor fuels business, but also the litany of other issues that retailers confront, including labor matters, foodservice issues, healthcare and employment issues, tax matters and data security. Prior to joining Steptoe, Mr. Fialkov graduated with honors from George Washington University Law School. He received his B.S. Summa cum laude with highest honors from Clark University in Worcester, MA. He lives in Washington, D.C. with his wife Allison and daughter Lilah. More
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