February 2020
overtime rules will be among the many issues where
MMA’s experience in the administrative rules process
will become increasingly valuable to your future success.
Anti-Competitive Issues Laying in Wait
Manufacturers are juggling more responsibilities
than ever — it’s simply not possible for them to get
personally involved in every issue. That’s what makes
a strong relationship with MMA so advantageous —
we are in the weeds every day on the issues most likely
to threaten your future. Your interests can be represented
without having to be away from your daily operations.
While the idea of administrative rules can seem
confusing and overwhelming, it is an integral part of
a process that can directly impact your business in a
big way, for better or worse. Currently, two key
issues are winding their way through the process
and, without MMA or manufacturers on alert, could
fundamentally change your ability to compete.
MMA represents the tip of the spear on efforts
relating to per- and polyfluoroalkyl substances (PFAS).
The rulemaking process is how the state is working
to impose new, strictest in the nation PFAS drinking
water standards. While MMA worked with EGLE
for years ahead of the agency’s release of new rules,
the Association also participated in the public comment
period by encouraging the state to use settled and
established science as the foundation for rulemaking.
To meaningfully contribute to the rulemaking
process, MMA commissioned an independent peer
review report by leading PFAS researchers on the
proposed rules which was submitted along with formal
written comments. MMA believes this report will aid
in the rulemaking process by providing credible scientific
and technical information (learn more on page 16).
Also, of critical importance to manufacturers, is the
Governor’s effort to expand overtime pay requirements
to an additional 200,000 Michigan workers.
This effort has roots back to rules proposed by former
President Barack Obama in 2014 to dramatically expand
the population of workers eligible for overtime pay.
Nationally, the business community fought back against
the costly rule change and, ultimately, the proposal
was upended by a lengthy court battle. President Donald
Trump then scaled back the proposal and a new federal
threshold of $35,568 went into effect on 1/1/20.
In her first year in office, Governor Whitmer
issued a directive to the Michigan Department of
Labor and Economic Opportunity to promulgate
rules to increase the salary threshold and ensure more
Michiganders are eligible for overtime pay. While
the language of the proposed rule has not yet been
released, Governor Whitmer is reportedly using the
Obama plan as a starting point. With inflation, the
proposal would equate to a threshold of $51,000 today.
“Imposing a state-specific overtime requirement
threshold in excess of federal requirements would
MiMfg Magazine
15
not only dramatically increase payroll costs and
possibly cause disruptive staff restructuring but it
would also put Michigan manufacturers at a
competitive disadvantage to their counterparts
across the state line and around the globe,”
explained McKinley.
Get Involved
“The devil really is in the details and the admin-
istrative rules process can burden your business with
countless regulations unless we are there to protect
manufacturing’s ability to compete,” said Johnston. “You
need to be engaged in 2020 and beyond. Participate
in MMA Policy Committees. Register to attend
MFG Legislative Day on 9/15/20. Subscribe to our
weekly MFG Voice e-newsletter and connect regularly
with your MMA Government Affairs team.”
For more information on rules and regulations
affecting your competitiveness and how to get involved,
contact the MMA Government Affairs team at
517-487-8552.
6
Brett Gerrish is MMA’s communications
coordinator. He may be reached at
[email protected] or 517-487-8533.
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