Warren, Senators Urge Trump Admin to Protect Workers, Expand Access to Overtime Pay
Biden-era rule would have made 4.3 million more workers eligible for overtime pay
“Repealing this rule would be a huge blow to working families across the country and is another way in which Republicans continue to run on working-class values but govern according to billionaires’ wishes.”
Washington, D.C. — U.S. Senator Elizabeth Warren (D-Mass.) led members of the Senate Democratic Caucus in writing to the Secretary of the Department of Labor (DoL), Lori Chavez-DeRemer, urging the department to preserve President Biden’s expansion of the overtime threshold.
Minority Leader Chuck Schumer (D-N.Y.) and Senators Tammy Baldwin (D-Wis.), Richard Blumenthal (D-Conn.), Cory Booker (D-N.J.), Tammy Duckworth (D-Ill.), Dick Durbin (D-Ill.), Ed Markey (D-Mass.), Jeff Merkley (D-Ore.), Alex Padilla (D-Calif.), Bernie Sanders (I-Vt.), and Brian Schatz (D-Hawaii) joined in signing the letter.
Under the Fair Labor Standards Act, certain hourly, non-salaried workers who work more than 40 hours a week get paid 1.5 times their regular pay rate for the extra hours they work. But these overtime protections do not cover “bona fide executive, administrative or professional employees,” as “defined and delimited” by regulations promulgated by DOL. Under the current regulation, only those workers making a salary less than $35,568 automatically qualify for overtime. Above that salary, workers are subject to the opaque and very employer-friendly duties test to determine if their work qualifies for exemption.
In 2024, President Biden’s DoL updated the rule, which would have raised the salary cap to $43,888 and again in January 2025 to $58,656, instituted an automatic increase every three years, and provided clearer guidance and definitions to prevent employers from misclassifying employees.
The changes would have made 4.3 million more workers eligible for overtime pay and put $1.5 billion into workers’ pockets annually.
Unfortunately, in November 2024, a Trump-appointed District Court judge in the Fifth Circuit blocked this rule from going into effect. The Biden Administration immediately appealed this ruling. But on April 24, 2025, the Trump administration indicated it would abandon its efforts to appeal the ruling and revive the 2024 rule, robbing millions of Americans of overtime protections and the thousands of dollars the rule would have earned them.
“This refusal to defend the overtime rule in court flies in the face of President Trump’s campaign promises to help workers. It is particularly cruel as President Trump and Congressional Republicans work to force through their ‘big beautiful bill,’ which would be the biggest wealth transfer in a single bill from working class Americans to billionaires this country has ever seen,” wrote the senators.
Senator Warren urged Secretary DeRemer to continue fighting to preserve the rule and provide an analysis or justification for why the Department decided to stop the appeals process to defend the rule by July 5, 2025.
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