The West Virginia Division of Labor has withdrawn proposed emergency regulations that would have altered the wage and hour landscape for most West Virginia employers.
Just before noon on Tuesday, December 23, Acting DOL Commissioner John Junkins filed a letter with the Secretary of State withdrawing the proposed regulations “to address concerns raised by West Virginia employers about the impact of the rule.” Junkins wrote that the DOL will file an amended set of proposed regulations during the upcoming legislative session that will be submitted through the standard rulemaking process, rather than as emergency rules. “This will afford all stakeholders an adequate opportunity to communicate their concerns to the agency and resolve any confusion related to the scope and intent of the regulation,” Junkins wrote.
The proposed regulations, which the DOL had made public on November 19, conflicted with federal wage and hour rules in many important respects, as we detailed here. They were set to become effective on December 31.