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Legislative Spotlight – November

Tammy_Williams_2015_cropContributed by Tammy Williams, AAF Omaha Board Member and Legislative Issues Chair

Update as of 11/22/2016, here’s the latest news on status of the DOL Overtime law:

http://www.politico.com/story/2016/11/overtime-rule-231778

With the news of President-elect Trump’s victory as Election Day passes, the advertising community is responding.

http://adage.com/article/campaign-trail/trump-s-win-big-impact-marketers-corona-verizon/306678/

http://www.mediapost.com/publications/article/288739/4as-what-the-election-results-mean-for-advertisin.html

Department of Labor’s FLSA Overtime Ruling Update

Some noteworthy developments on the revisions to the DOL’s Fair Labor Standards Act (FLSA) passed earlier this spring. Over the past month, a Congressional vote to delay the ruling, as well as the filing of two lawsuits, are attempting to postpone the Dec. 1, 2016 deadline, when employers need to implement compensation changes.

While the President has threatened to veto the Bill, entitled The Regulatory Relief for Small Businesses, Schools and Nonprofits Act, on Sept. 28, 2016, the House approved the delay by a vote of 246 to 177.

In addition to passing of the Congressional Act, two federal lawsuits against the ruling were filed in Texas on Sept. 20, 2016. The first lawsuit, which features 21 states in coalition against the mandate, includes Nebraska. A second lawsuit was also filed from businesses and national associations against the ruling.

See an informative recap of the lawsuits here:

http://www.employmentlawmatters.net/2016/09/articles/flsa/september-surprise-two-federal-lawsuits-attack-validity-new-flsa-overtime-rule/
Here’s an article about the Congressional vote to delay the Ruling:

http://www.greensfelder.com/employment-and-labor-blog/US-house-votes-to-delay-dol-overtime-rule
For employers, this site features resources and tools about the DOL Overtime Ruling (note permissions usage on this site if you choose to use these materials).

https://www.shrm.org/ResourcesAndTools/legal-and-compliance/employment-law/pages/flsa-overtime-rule-resources.aspx

The Legislative Issues Committee plans to meet with Nebraska members of Congress following Election Day, to discuss this Ruling and track any further developments on its impact to our state.

Online Privacy Law

On Oct. 27, 2016, the Federal Communications Commission passed new online privacy rules limiting how Internet Service Providers use, share and/or sell persona data. Broadband companies such as ATT, Verizon and Comcast will now be required to obtain users’ consent before sharing or using web browser and app user data to target advertising and marketing. In response, the advertising industry vows the fight the ruling, which is being reported as “unprecedented, misguided and extremely harmful” given that browser and app user data does not constitute sensitive, personal information. See current coverage of this issue below, which could limit targeting of services by broadband companies and its advertisers.

Read The Washington Post’s article on the FCC’s passing of new rules protecting users’ online privacy here:

https://www.washingtonpost.com/news/the-switch/wp/2016/10/27/the-fcc-just-passed-sweeping-new-rules-to-protect-your-online-privacy/

Read the American Association of Advertising Agencies (4As) response and full article authored by Digiday here:

http://www.mediapost.com/publications/article/287817/ana-vows-to-fight-misguided-broadband-privacy-ru.html
http://digiday.com/agencies/ad-industry-slams-fccs-new-privacy-rules/

 The Legislative Issues Committee will continue to follow these two issues and report on further developments in future issues of AdMuse.

AAF Omaha