NALP: There might not be an opportunity to stop DOL overtime rule

May 23, 2016 -  By

NALP_logoDespite its best efforts to block the overtime rule finalized by the Department of Labor, the National Association of Landscape Professionals (NALP) and other critics of the rule may be out of options to stop the rule from going into effect Dec. 1.

“We’re still working on something that’s called the Protecting Workplace Advancement and Opportunity Act, which basically would require the Department of Labor to do a thorough review of exactly what this increase means for small business and to examine the issue much more closely than they have thus far,” said Paul Mendelsohn, vice president of government relations for NALP. “We’re hopeful that Congress will agree to that. However, we’re in an election year right now, so we are also realistic in our understanding that there might not be an opportunity, despite our efforts, to stop this thing before it goes into effect.”

The Department of Labor has the regulatory authority to pass this rule without help from Congress. For this reason, Mendelsohn does not believe the courts will provide an injunction or any similar action.

“I don’t think that there’s anything other than Congress passing legislation that can stop the implementation of the rule because it is within the regulatory prerogative of the Department of Labor to take a look at wage- and hour-related things,” he said.

The association has been working on opposition strategies for months and will continue to do so. Mendelsohn cited concerns with the rule’s lack of consideration into differences in regional cost of living and the level of increase that’s proposed. The association fears the rule will place a major regulatory burden on small businesses.

“We’re concerned that a number of landscape professionals will have more of a difficulty making ends meet, and this will most likely lead to some individuals being reclassified from salaried employees to hourly employees,” he added.

The NALP is still reviewing the final, 500-page rule, which has been slightly altered from the original, proposed rule. Recommendations to industry and association members are forthcoming, Mendelsohn said.

About the Author:

Dillon Stewart graduated from Ohio University’s E.W. Scripps School of Journalism, earning a Bachelor of Science in Online Journalism with specializations in business and political science. Stewart is a former associate editor of LM.

3 Comments on "NALP: There might not be an opportunity to stop DOL overtime rule"

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  1. This is an example of the NALP trying hard to look like they are trying hard. I’d venture to say that the membership of this organization is already paying overtime for hours worked according to the DOL Overtime Rule.

    NALP represents the best of the industry they are not affected by this rule and rightfully so. NALP, we do not want our industry to continue to be thought of as nonprofessional. That doesn’t just mean having certificates. It means treating our employees fairly, paying them livable wages and OT for over 40. I am a member and I object to our organization “working months and months and” continuing to do so. This effort on our behalf seems nonsensical and unproductive.

    Companies that are struggling with this have deeper issues than to worry about or pay lobbyists to avoid treating workers fairly. NALP focus your efforts on helping your members to understand how to adapt to this ruling if its an issue for them. Help them with business management, operations, branding, marketing and sales. Well run, and well-branded companies don’t have to worry about this issue.

    Am I being heretical? I’d love to know. Let me have it if you think I’m.

  2. NALP works to fulfill all that is needed of us by members of various sizes, locales, and business specialty. We are proud that there’s no one size fits all approach to our policy work. We are here to serve the industry.

    Our policy work plan, developed by industry members and approved by NALP’s Board of Directors, prioritizes the issues of most significance to our members. The overwhelming majority of our team’s efforts are focused on H2B legislation at the federal level, fertilizer and pesticide issues at the state and local level, and water quality and quantity issues within the states. While we certainly focus on other issues important to our members’ businesses – like wage and OT, DOT rulings, etc. – we provide most of our muscle on the issues of greatest importance to members.

    Our work doesn’t stop at advocacy. We help members with issues on all fronts – including providing education – offering many webinars, HR resources and education sessions that help companies deal with business operations, HR and employee issues.