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The Labor Department’s much-contested overtime rule is now facing a challenge from both chambers of Congress after Rep. Virginia Foxx, R-NC, introduced a resolution on Thursday to block its implementation.

“Our nation’s overtime rules need to be modernized, but the Department of Labor’s extreme and partisan approach will lead to damaging consequences that the American people simply cannot afford,” Foxx said of her resolution (HJ Res 59).

The Labor Department’s rule would expand overtime pay for 4.2 million workers by raising the upper salary limit to $47,476 from $23,660. The threshold would be updated every three years under the rule. It takes effect Dec. 1.

The salary limit hasn’t been updated since 2004. Some advocates who opposed the rule said the threshold does need to be raised, but doubling it would be too costly for small businesses, non-profits and colleges and universities. Several officials from higher education institutions have warned lawmakers they will need to increase tuition to keep up with the additional expenses from the rule.

Earlier this month, Republican senators Lamar Alexander of Tennessee and Ron Johnson of Wisconsin introduced an identical measure in the Senate to block the overtime rule (SJ Res 34).

If the resolution becomes law, the rule would be void and the Labor Department would be barred from writing a similar rule without congressional approval. However, since President Barack Obama supports the rule, any vote on resolutions would likely be no more than an opportunity for Republicans to express their opposition unless they can recruit Democrats to help them override a veto.

http://www.cq.com/doc/news-4911488?7