Charleston Leader

U.S. Senator Shelley Moore Capito (R-W.Va.) recently joined a group of Senate Republican colleagues, led by U.S. Senator Mike Braun (R-Ind.), in introducing a Congressional Review Act (CRA) Resolution of Disapproval to block President Biden’s new Overtime Rule published by the U.S. Department of Labor (DOL). The rule increases the minimum salary threshold for overtime pay from $35,568 to $58,656 in January 2025 and will adjust every three years thereafter.

“I have heard from many West Virginia employers who have raised serious concerns about the Department of Labor’s new overtime rule,” Senator Capito said. “If this rule is not overturned, businesses will have to make hard decisions about staffing levels, employee flexibility, and what costs borne will be passed onto consumers. Contrary to the picture painted by the Biden administration, this one-size-fits-all approach will disproportionately harm businesses and employees in West Virginia who are already struggling under the regulatory weight of President Biden’s policies.”

Steve Roberts, President of the West Virginia Chamber of Commerce, expressed support for Senator Capito's actions: “The West Virginia Chamber of Commerce is very appreciative of Senator Capito becoming an original cosponsor of the Congressional Review Act to block the U.S. Department of Labor’s new overtime rule from taking effect. This rule, if implemented, will put significant strain on the backs of the small businesses that form the core of our state’s economy and will remove workplace liberties enjoyed by many employees in West Virginia. Senator Capito has always been a leader in protecting our state’s economy from federal overreach.”

Ben Beakes, Executive Director of West Virginia Independent Colleges & Universities, also commended Capito's efforts: “On behalf of the West Virginia Independent Colleges & Universities we applaud Senator Capito’s efforts to reign in the Department of Labor’s overtime rules. The effect of these rules will significantly increase the cost of providing education and hurt small colleges across the country in an already challenging environment. Unfortunately, the Department did not take any of our comments or concerns into consideration when crafting their regulations.”

Small businesses have faced significant challenges under President Biden's administration. Inflation has increased 20% since he took office due to federal tax-and-spending policies, forcing small businesses to raise prices just to remain viable. Consequently, President Biden's approval rating among small business owners has fallen below 30%.

President Biden's DOL aims to implement a similar government approach with its new Overtime Rule amid ongoing wage inflation issues over the past 26 months.

This new regulation replaces a Trump-era rule from 2019 that set the salary threshold at $35,568. Notably, President Biden's proposed threshold ($55,068) exceeds that proposed during Obama's administration ($47,476), which was invalidated by federal court as an overreach.

Full text of the resolution is available here.