Following the recent election, many have questions about the impact of the overtime rule and whether the push for a phase in bill will continue. Though the U.S. Chamber will continue to lobby for a phase-in bill during the lame duck session, it is increasingly likely that Congress will not take up legislation to delay the rule. Instead, Congress will wait to address the rule in the 115th Congress. As you know, the rule goes into effect this Dec. 1 and businesses should continue with their compliance processes.
In addition, SmithAmundsen LLC recently reported, “Hon. Judge Amos L. Mazzant III in the pending DOL overtime preliminary injunction lawsuit, State of Nevada et al v. United States Department of Labor et al. (Case No. 4:16-cv-00731-ALM, Eastern District of Texas), heard arguments (last Wednesday) as to whether the DOL should be enjoined at this time from implementing the new overtime and salary increase rule. The court – questioning the nationwide implications at stake here – was not interested in what the next administration will do come 2017 and wanted to focus on the law now.”
“After hearing arguments, the judge took them under advisement and stated he ‘hopes’ to have a ruling by Nov. 22. If he denies the preliminary injunction motion, he will have an additional hearing on Nov. 28 before the December 1 implementation deadline.”