--- title: "Congress Fights Overtime Rule" id: "32108" type: "post" slug: "congress-fights-overtime-rule" published_at: "2016-02-12T19:48:49+00:00" modified_at: "2026-03-16T15:31:44+00:00" url: "https://associationsnow.com/2016/02/12/congress-fights-overtime-rule/" markdown_url: "https://associationsnow.com/2016/02/12/congress-fights-overtime-rule.md" excerpt: "Members of Congress join associations, including ASAE, in pushback against proposed overtime rule." taxonomy_category: - "Advocacy" taxonomy_post_tag: - "AssociationsNow" - "Business" - "labor policy" - "Legislation" - "Overtime Rules" taxonomy_content_format: - "Article" taxonomy_role: - "Association CEO / Executive Director" - "C-Level" - "Executive Team" - "VP" taxonomy_persona: - "Executive Leadership" --- [Home](https://associationsnow.com/) » [Articles](https://associationsnow.com/format/article/) » Congress Fights Overtime Rule This week, 108 members of Congress sent a [letter (opens in a new tab)](http://cp.mcafee.com/d/5fHCN0SyM--CCye78CXCQrTovd79EVoo76QrTovd79EVod7bNJ6ZS7PhOqem67zqdXLFCzB5CUUS8Q9RGI2JFLS-4_zM04TJd-TMDYu00CZLrX477-LOrPyqbfnKnjpshVNyVEVouVqWdAklkrIsG7DR8OJMddECTztPtPo0eSH692DbVJd-k8RR2CdPzye20S18O0EQ93om2m0k5Mm102zgA5wM1m8EEI3DzhOqehObxLqrYEhHG51k-l9wEjlS6AvzMddFIfFCzAS830wd6yuxEw3ohHG53h0nd40LV2buNb6y1540Ph0Dt5MSOMrr19r) [PDF] to Labor Secretary Tom Perez expressing serious concern with the administration’s efforts to finalize a new rule this year that would more than double the salary threshold to determine who is eligible for overtime pay. The Department of Labor (DOL) released a proposed rule [last summer](http://associationsnow.com/2015/06/obama-overtime-plan-draws-frosty-association-response/) that would require businesses to pay overtime wages to employees making $50,440 or less per year, which would be a 113 percent increase over the current threshold. In addition, the minimum salary would automatically increase each year to match the 40th percentile of the average salary earned by full-time employees in the United States. In the February 9 letter, the members of Congress led by Reps. Cresent Hardy (R-NV) and Steve Knight (R-CA) urged DOL to reconsider moving forward with the overtime rule as drafted, arguing that it would have a disproportionate impact on small businesses and nonprofits, particularly in certain geographic areas. “The belief that this rule change will increase millions of workers’ paychecks is simply shortsighted,” the letter states. “Unfortunately, a change of this magnitude is likely to have unintended consequences regarding how an employer compensates its employees, which would negatively affect workers.” The letter also raises concern about DOL’s plan to possibly change the duties test, which is a main component used in determining whether an employee is exempt from the Fair Labor Standards Act (FLSA). In its proposed rule last year, DOL asks whether a percentage-of-time rule should be applied to the primary duties test. DOL did not provide a concrete regulatory proposal regarding the duties test, but merely asked for comment on possible changes. More than 250,000 organizations, including ASAE, [submitted comments (opens in a new tab)](http://cp.mcafee.com/d/2DRPoQrhovvjjh73AjtPqdXIfCzAQsIc3zqdXIfCzAQsI6zBUSzuX3VEVd7b33NJ6ZTQPhOyPssr4q4WRm1mQTXv2vNU02rSC_rUj-f00juTJZy3z_nVdVNd5DHTbFIK8YUNsQsIfsJt6OaaGdSel3PWApmU6CQPrNKVKVI07rlz4xjBYSC_a4qWxj6VNN710r0Ap0kq4xIb1b1E5xco0kq4wI60Hyaab0VUQsCzAsyUrSC_a4qWxglfBioa4RtxF7UY3jqr3WpEVdy0M83hEDEq80S4qWxgQg5Ph0b-gyTIiNEwhh0cQg9ThsdII6QFoe) [PDF] on the proposed rule to DOL last year. ASAE believes the new rule would adversely affect many nonprofit organizations and other employers with limited revenues and could harm many affected employees as well. To contain payroll costs from increased overtime obligations, employers would have to either lay off employees or exclude reclassified employees from telework and career-growth opportunities outside of core business hours, ASAE said. ASAE also noted in its comments that the $50,440 salary threshold amounts to a [“one-size-fits-all”](http://associationsnow.com/2015/08/asae-opposes-one-size-fits-all-overtime-rule/) measuring stick and that the minimum salary level for exempt employees should instead be keyed to government data on regional cost-of-living differences. DOL has yet to suggest what changes, if any, might be made to the final rule, but has indicated it may issue a final rule as soon as July 2016. (iStock/Thinkstock) [Chris Vest, CAE](https://associationsnow.com/author/chris-vest-cae/) Chris Vest, CAE, is director of public policy at ASAE. [More articles by this author](https://associationsnow.com/author/chris-vest-cae/) Tags: [#Business](https://associationsnow.com/tag/business/) [#labor policy](https://associationsnow.com/tag/labor-policy/) [#Legislation](https://associationsnow.com/tag/legislation/) [#Overtime Rules](https://associationsnow.com/tag/overtime-rules/) **Stay Informed** [Subscribe to our free newsletter](https://associationsnow.com/newsletter/) , *Associations Now Daily News*, to find out what’s happening in the association world every business day. ## You Might Like - [PodcastAssociations NOW Presents: Powering Advocacy-Why PACs Matter for AssociationsNovember 20, 2025](https://associationsnow.com/2025/11/20/associations-now-presents-powering-advocacy-why-pacs-matter-for-associations/) - [VideoASAE ‘Power of A’ DOL Program on the DOL Overtime RuleJune 30, 2016](https://associationsnow.com/2016/06/30/asae-power-of-a-dol-program-on-the-dol-overtime-rule/) - [VideoOvertime rule promo June 23 eventJune 17, 2016](https://associationsnow.com/2016/06/17/overtime-rule-promo-june-23-event/) - [VideoThe Career Moves Every Association Leader Needs Right NowSeptember 24, 2026](https://associationsnow.com/2026/09/24/the-career-moves-every-association-leader-needs-right-now/) ## Comments **Comments are for ASAE members.** [Learn more about comments on this site.](https://associationsnow.com/comments/) [Log in](https://associationsnow.com/login?redirect_to=https%3A%2F%2Fassociationsnow.com%2F2016%2F02%2F12%2Fcongress-fights-overtime-rule%2F%23comments) to your member account or [join ASAE](https://my.asaecenter.org/select-a-membership-type/) !