What Happens to the New FLSA Salary Test Under President Trump?
You cannot, and should not, hope for a reprieve from these rules at the 11th hour.
The one employment-law question I’ve been asked most since waking up last Wednesday to the reality that The Donald will be The President (aside from, “How did this happen?” and for that I direct you to John Oliver’s excellent 30-minute soliloquy of an answer from his Sunday night HBO program — warning, language NSFW) is, “Does this mean that the new FLSA salary test won’t go into effect?”
The short answer? “No, it does not mean that.”
Beginning Dec. 1, the salary level for white-collar FLSA exemptions will increase to $913 per week, period. After all, the new regulations roll in on Dec. 1, and President-elect Trump does not become president until 51 days later. So, even if he wants to stop them from taking effect, he’s powerless to do so, and any legislative efforts would die at the hands of the current president’s veto.
The long answer, however, is a bit more complicated.
- Ask all department heads to submit a list of every wasteful and unnecessary regulation which kills jobs … and eliminate them.
- Reform the entire regulatory code to ensure that we keep jobs and wealth in America.
- Issue a temporary moratorium on new agency regulations that are not compelled by Congress or public safety in order to give our American companies the certainty they need to reinvest in our community, get cash off of the sidelines, start hiring again, and expanding businesses. We will no longer regulate our companies and our jobs out of existence.
- Decrease the size of our already bloated government after a thorough agency review.
If you ask any small business owner, the FLSA’s new salary test checks each of these Trumpian boxes.