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FLSA Overtime Rule Update

Posted on Friday, May 19, 2017

Time & Attendance Software: FLSA Overtime Rule Update | Time Rack

Considering how many of you have downloaded our whitepaper Fair Labor Standards Act Rule Changes, we know that many have questions about the fate of the FLSA Overtime Rule since a preliminary injunction was placed on it by a federal court on November 22, 2016.

The injunction is the result of a motion by 21 states to block the rule.

Dying Perhaps, But Not Dead Yet

Many employees are reveling in the overtime they receive and getting as much of it as possible pending any change, and many employers are expecting the rule to be killed given the new presidential administration – but, as in Monty Python’s the Holy Grail, the rule could rightly claim, "I’m not dead yet!"

The most recent update is that the Department of Justice has asked for another delay, this time June 30, to file a brief on behalf of the Labor Department according to SHRM.

Why the Delay?

Many believe that the delay was due to how long it took for Alexander Acosta to be confirmed as the next secretary of the Department of Labor. Killing the overtime rule may be one of Acosta’s first orders of business, but it’s unclear if and when he will be confirmed, and the rule may lead to some contentious confirmation hearing questioning by Democrats.

In the Meantime…

If you’re an employer, unsure what to do while the FLSA overtime rule is in limbo and need to make decisions concerning overtime in your organization, contact us and we’ll put you in touch with one of our FLSA experts to answer your questions.

Contact us to learn more about the FLSA overtime rule status and what to do