On June 12 PIA, along with a diverse group of business stakeholders sent a letter to the Department of Labor (DOL) urging it to delay implementation of its final overtime rule to allow for judicial review.

The Administrative Procedure Act authorizes agencies to postpone the effective date of a rule to allow for judicial review. During the current Administration’s term in office, several agencies have already utilized this authority while litigation was pending over their rules.

Delaying the effective date of DOL’s overtime rule while litigation is pending ensures that businesses and the agency itself do not waste valuable resources by attempting to come into compliance or implement a rule that could be invalidated by a court. If the overtime rule is implemented, it will prompt significant costs for the employer community, costs that can be avoided if a stay is granted by the Department of Labor and the rule is invalidated by the courts. Delaying implementation of the overtime rule would also protect workers, who by being reclassified under DOL’s rule could face loss of workplace status, access to benefits, flexible work arrangements, or career development opportunities.

PIA urges DOL to allow time for judicial review of their overtime rule by delaying implementation until the courts decide on its validity.