I can’t tell you how many times I’ve been asked in the last few weeks: is there any chance the new overtime rule will go away or at least be postponed to sometime after December 1? Well, apparently the answer is…
YES! Yes. Yes. The answer — much to my surprise — is YES, the overtime change is NOT happening December 1.
A federal court in Texas just entered a nationwide injunction, enjoining the Department of Labor’s Final Rule, which was set to make sweeping changes to the white collar exemptions beginning December 1. Yes, nationwide. Injunction. December 1 change, done. Gone. If you want to read the opinion, click Nevada v DOL Injunction.
So what does this mean for employers? For employees? It means there is no change happening December 1. For now, the salary level remains at $455/week, or $23,660/year. Will it happen someday? Who knows. The likelihood of it happening under a Republican White House, Senate, and House is, in my opinion, quite slim (at least in its current form). Once we have had a chance to digest the decision and its effects, we will be back with more information.
I’m not sure what to say right now other than WOW.