In October 2018, the Trump administration unveiled its Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions. The agenda emphasizes regulatory restraint and underscores the administration’s commitment to a more business-friendly regulatory framework, noting that “in general, the [U.S. Department of Labor (DOL)] will work to assist employees and employers to meet their needs in a helpful manner, with a minimum of rulemaking.” In line with that commitment is a Notice of Proposed Rulemaking (NPRM) indicating a forthcoming change to how employers should determine employees’ “regular rate of pay” in order to calculate overtime.
