APARTMENT ADVOCATE
NATIONAL APARTMENT ASSOCIATION / NATIONAL MULTIFAMILY HOUSING COUNCIL
DOL Overtime Rule Blocked by Texas Judge
On Nov . 22 , a Texas federal judge blocked the Department of Labor overtime rule that would make more than 4 million private-sector workers eligible for extra pay .
U . S . District Judge , Amos Mazzant , imposed a preliminary injunction against the rule at the request of 21 states , the U . S . Chamber of Commerce and other business groups . While the rule was set to take effect Dec . 1 , the injunction preserves the status quo . The Court will now adjudicate the rule ' s validity .
Separate from litigation , Congressional Republicans are keen to overturn the rule legislatively . Although President Obama would likely veto any such effort , President-elect Trump could look more favorably on such an approach when he takes office in January . President-elect Trump last August said he favored exempting small businesses from the rule . Absent legislative action , the Trump Administration could also propose a new rule . The Trump team has made clear that rolling
back regulations that increase burdens on job creators is a top priority .
NAA / NMHC strongly favor repealing the current rule and support all avenues to achieving that objective .
“ Lame Duck ” Congress Still Faces Critical Votes
Republicans have maintained control of both houses and are now beginning to plan their agenda for the Lame Duck Session and next Congress . To avoid a government shutdown , lawmakers need to pass a continuing resolution or another type of spending bill by Dec . 9 . The most likely outcome is a measure funding the government through late March or early May instead of through the fiscal year ending in October to allow the incoming Trump Administration a chance to press their priorities earlier than if they had to wait until the in their first year instead of waiting until the fall .
It appears likely that emergency funds will be tacked on to the spending bill to assist in the cleanup effort in the wake of Hurricane Matthew . This emergency funding could persuade the more conservative Members of Congress from Louisiana , Florida , Georgia and the Carolinas to cooperate , since many of their districts in these states were ravaged by flooding and high winds .
Vice President Biden has been lobbying Congress to pass the 21st Century Cures Act , as part of his “ Cancer Moonshot ” initiative , and the House has now passed the legislation 392-26 . While Senate Majority Leader Mitch McConnell has voiced his support , it faces significant opposition with Elizabeth Warren and Bernie Sanders . However , it is expected that the bill will generate enough Democrat support to get through the chamber .
Issues important to the apartment housing industry also remain in the mix . These potentially include the reauthorization of the EB-5 program ,
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