Department of Labor overtime rule is overturned
On Nov. 15, a U.S. district court in Texas issued a ruling that invalidates the Department of Labor’s final overtime rule, which modified regulations governing employees that are exempt from receiving overtime compensation under the Fair Labor Standards Act. In the ruling, the judge stated the agency has the authority to define the terms of the FLSA overtime exemption within certain parameters but said “that authority is not unbounded” and the agency had exceeded its authority under the law.
The final rule issued in April increased the minimum annual salary threshold—previously set at $35,568—to $43,888 effective July 1, 2024, and the threshold was scheduled to further increase to $58,656 Jan. 1, 2025. Considering this court decision invalidates the rule in its entirety, the minimum salary threshold is once again set at $35,568 and all other provisions of the rule revert to their previous status before the rule took effect July 1. The decision may be appealed by the DOL; however, the agency under the new Trump administration could abandon its defense of the rule.
NRCA opposes the final rule based on member input and is pleased with the court’s ruling. Please note several states have their own overtime compensation laws not affected by this ruling and NRCA urges members to check with legal counsel regarding taking action in response to this ruling.
The Biden administration announces additional supplemental visas for H-2B program
On Nov. 15, the Departments of Homeland Security and Labor announced the administration will release an additional 64,716 supplemental visas for the H-2B seasonal nonagricultural worker program for fiscal year 2025. The supplemental visas are in addition to the 66,000 visas authorized annually by law, and this year’s supplemental allocation is the same as issued for fiscal year 2024. The supplemental visas will be allocated during fiscal year 2025, which began Oct. 1, 2024, with exact amounts for the first and second half of the fiscal year yet to be determined. This supplemental allocation will consist of 44,716 visas available to returning workers who received an H-2B visa or were otherwise granted H-2B status during one of the previous three fiscal years. The remaining 20,000 visas will be reserved for nationals from Columbia, Costa Rica, Ecuador, El Salvador, Guatemala, Haiti and Honduras. In addition, on Nov. 18, the agencies published a Notice of Proposed Rulemaking modifying the rules for the H-2B seasonal visa program. Given strong workforce demand, NRCA had urged the administration to issue supplemental visas in a timely manner so members that use the program can more effectively meet their peak seasonal needs in 2025.
Thank you to all ROOFPAC supporters and sponsors who attended our reception in Austin, Texas
Thanks to all who came out last week to support ROOFPAC—the only political action committee dedicated to the roofing industry—at our reception at the Roosevelt Room, Austin’s award-winning cocktail bar, during NRCA’s Fall Committee Meetings. More than 120 attendees enjoyed a lively speakeasy atmosphere, which featured NRCA- and roofing-inspired cocktails such as “the 1886” and “Roofer’s Rocket Fuel.” We also thank Holcim Building Envelope—whose portfolio includes Elevate Commercial Roofing Systems, Duro-Last, Malarkey, GenFlex, Gaco and Enverge—for sponsoring this event. To learn more about ROOFPAC, please visit nrca.net/advocacy/roofpac and consider joining our events during the International Roofing Expo® in San Antonio.
Rep. Lisa McClain leads letter requesting a delay of the Corporate Transparency Act
On Nov. 5, Rep Lisa McClain (R-Mich.) and more than 40 colleagues sent a letter to Treasury Secretary Janet Yellen and Financial Crimes Enforcement Network Director Andrea Gaki requesting a one-year delay of the Corporate Transparency Act, which takes effect for about 32 million businesses in 2025. NRCA shares congressional concerns regarding this legislation and its implementation and applauds McClain for her leadership in allowing more time for businesses to understand their obligations under the law and allowing for legal challenges to be concluded. As a member of the Main Street Employers Coalition, NRCA encourages you to review this information to help you determine your requirements under the law.
