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2019 Regulatory Priorities

Department of Labor (DOL) Wage and Hour Division (WHD) Overtime Rule Proposal: On March 7, the Department of Labor (DOL) released a proposed update on the rule “Defining and Delimiting the Exemptions for Executive, Administrative, Professional (EAP), Outside Sales and Computer Employees.” The proposal updates overtime eligibility requirements for employees. As a reminder, to be exempt from overtime pay requirements under the Fair Labor Standards Act (FLSA), employees must generally be paid on a salary basis at or above a specified minimum weekly salary level and meet certain requirements related to their primary job duties. The rule was published in the Federal Register on March 22. The comment deadline is May 21

NLBMDA is a member of the Partnership to Protect Workplace Opportunity (PPWO), a broad coalition that supports changes to overtime pay eligibility that addresses the concerns of both employers and employees. The proposed regulation includes many of the recommendations that PPWO offered during the 2017 Request for Information and failed 2014 rulemaking. 

OSHA Requests Information on the Powered Industrial Trucks Standard: The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is requesting information as the Agency considers rulemaking to update the powered industrial trucks standards for general, maritime, and construction industries. The standards became effective in 1971, and were based on industry consensus standards from 1969. Since then, national consensus standards have been updated several times.

OSHA is requesting information on: the types, age, and usage of powered industrial trucks; maintenance and retrofitting; how to regulate older powered industrial trucks; types of accidents and injuries associated with operating these machines; costs and benefits of retrofitting the machines with safety features; and other components of a safety program.  OSHA will use the information received in response to this request to determine what action, if any, it may take to reduce regulatory burdens and create jobs while improving worker safety.

Comments must be submitted on or before June 10, 2019. Comments and materials may be submitted electronically at, the Federal e-Rulemaking Portal, or by facsimile or mail. See the Federal Register notice for submission details. 

OSHA Crane Rule: New certification requirements just took effect, and new training and verification requirements take effect in February. In addition, there remains some confusion regarding the material delivery exemption. NLBMDA's government relations team is meeting with OSHA to get further clarification on the delivery exemption and will continue to update members. 

Regulatory Reform: Changes are needed to bring greater transparency to the rulemaking process and take into account their impact on the regulated community. The challenge with this issue is that it can be very broad and it is unlikely that a big regulatory reform bill will make its way through Capitol Hill in the 116th Congress.