CHARLESTON, W.Va. — U.S. Senator Shelley Moore Capito (R-W.Va.) recently joined a group of her Senate Republican colleagues – led by U.S. Senator Mike Braun (R-Ind.) – in introducing a Congressional Review Act (CRA) Resolution of Disapproval to block President Biden’s new Overtime Rule published by the U.S. Department of Labor (DOL). This Overtime Rule increases the minimum salary threshold for overtime pay from the current $35,568 to $58,656 in January 2025, and then increases every three years.

“I have heard from many West Virginia employers who have raised serious concerns about the Department of Labor’s new overtime rule,” Senator Capito said. “If this rule is not overturned, businesses will have to make hard decisions about staffing levels, employee flexibility, and what costs borne will be passed onto consumers. Contrary to the picture painted by the Biden administration, this one-size-fits-all approach will disproportionately harm businesses and employees in West Virginia who are already struggling under the regulatory weight of President Biden’s policies.”

“The West Virginia Chamber of Commerce is very appreciative of Senator Capito becoming an original cosponsor of the Congressional Review Act to block the U.S. Department of Labor’s new overtime rule from taking effect. This rule, if implemented, will put significant strain on the backs of the small businesses that form the core of our state’s economy and will remove workplace liberties enjoyed by many employees in West Virginia. Senator Capito has always been a leader in protecting our state’s economy from federal overreach,” Steve Roberts, President of the West Virginia Chamber of Commerce, said.

“On behalf of the West Virginia Independent Colleges & Universities we applaud Senator Capito’s efforts to reign in the Department of Labor’s overtime rules. The effect of these rules will significantly increase the cost of providing education and hurt small colleges across the country in an already challenging environment. Unfortunately, the Department did not take any of our comments or concerns into consideration when crafting their regulations,” Ben Beakes, Executive Director of West Virginia Independent Colleges & Universities, said.


Small businesses have been crushed by President Biden’s economy. Inflation has increased 20% since President Biden took office as a direct result of his federal tax-and-spending binge, forcing small businesses to make hard choices like raising prices just to stay above water. That’s why President Biden’s approval rating is under 30% among small business owners, and has dropped consistently since he took office.

President Biden’s DOL now wants to apply the same heavy-handed government approach to wages, which have been outpaced by inflation for the past 26 months, with their new Overtime Rule.

This rule replaces a Trump rule from 2019 that set the salary threshold at $35,568. It is notable that President Biden’s new proposed salary threshold ($55,068) is significantly higher than the one proposed by the Obama administration ($47,476) which was declared to be an invalid extension of executive authority in federal court. This follows President Biden’s precedent of ignoring judicial rulings, as he did when transferring of billions in student loan debt from borrowers to taxpayers. 

Full text of the resolution is available here.

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