President Trump Delays Obama Administration Rules Pending Review

January 24, 2017

On January 20, President Trump signed an Executive Order that will delay the effective date of the Labor Department's overtime rule and other pending regulations for 60 days.  Under the EO, DOL and other federal agencies are to postpone the effective date of "regulations that have been published in the [Federal Register] but have not taken effect" for 60 days to give the incoming administration time to review the rulemakings.  For DOL, this would include the overtime and persuader regulations, and large parts of the blacklisting rule that have all been published but whose effective dates have been delayed because of court decisions.  However, it is not clear at this point whether the EO would apply to the EEOC's new EEO-1 pay data reporting requirement or the paid leave EO, which were published and effective prior to January 20th.  Moreover, it is also not immediately clear if it would apply to the paycheck transparency requirements in the blacklisting rule, went into effect on January 1, 2017.