Adding insult to injury, the Department of Labor has decided to NOT provide the public more time to weigh in on its overtime proposal. Having heard
numerous concerns from stakeholders, the Committee on Education and the Workforce wrote to the department, noting that “the amount of time provided for public comment is insufficient given the significance of the proposed changes.” As
the letter explained:
The public must be given adequate time to review, evaluate, and provide meaningful comments whenever the government proposes changes to regulations, especially when the proposed changes are as large and sweeping as these … Evaluating the implications of these proposed changes will take some time for many small businesses, nonprofit organizations, and other enterprises.
Unfortunately, the department disagreed, responding yesterday that the current 60-day comment period “provides sufficient time for interested parties to submit substantial comment.” The department may feel 60 days is enough, but two months seems far too short for a sweeping proposal that will:
Shouldn’t employees and job creators have more time to weigh in on a measure that will so significantly impact their livelihoods? Apparently, the department doesn’t think so.
Furthermore, the department neglected to even address the committee’s concern that the proposal “does not afford the public an opportunity to review and comment on a specific rule change” to the duties test. Instead, it “leaves great uncertainty for employers and workers as to what the scope of a final regulation might be.” But judging from the department’s response – or lack thereof – they’re OK with that.
By denying the public additional time to make their voices heard and refusing to address the complexity of current regulations, the department has further proven that this is exactly the kind of “missed opportunity” we’ve come to expect from the Obama administration.
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