Overtime Rule Not Dead YET

In what seems like a never ending saga, the Government has asked for another extension in the appeals court trial over the overtime rules that came out under the old administration. You will recall that the Department of Labor had made a final rule that would raise the minimum salary to be considered eligible for overtime exemptions significantly. Just before the implementation date in the Fall, a court issued an injunction against enforcement. The Obama administration immediately appealed and attempted to get it on a fast track for the appeal. The date was set for after the inauguration and the Trump administration was issued a delay. That delay was set to require final briefs be made by May 1.

The new Secretary of Labor has not been confirmed yet. Therefore, they have asked for another 60 days to June 30 which would give the new Secretary to formulate a plan and get people in place. This still may not be enough time. The key here is that the issue isn’t dead yet. It is fully expected that the DoL will announce some type of repeal to the rule but we won’t know until after we have a new Secretary. Mr. Acosta is expected to be confirmed early next week along with several other appointments of lower level under secretaries and department heads as well as Sonny Perdue as Agriculture Secretary.