UPCOMING DEPARTMENT OF LABOR RULES

The upcoming DOL overtime and salary rules appear likely to go into effect on December 1, 2016 despite  an effort from a coalition of states and business groups to stop them. A federal judge heard arguments  from attorneys representing the states in State of Nevada, et al. v. United States Department of Labor,  et al. on Wednesday, November 16th, but failed to issue a ruling on the states' injunction request.  Instead, the court postponed ruling until November 22, 2016. With the deadline fast approaching,  employers should assume the rules will go into effect as scheduled and plan accordingly. 

The states and business groups contend the DOL overstepped its authority in establishing both the new  minimum salary test of $47,476 and the indexing mechanism — the portion of the law that automatically  raises the minimum salary threshold over time. If granted, the injunction would at least temporarily  delay implementation of these new rules. If the injunction is not granted, the court will hold another  hearing on November 28, just three days before the rules go into effect.

If you have any questions about the DOL's new rules and how they affect your business, please contact  the attorneys at Monty & Ramirez LLP as soon as possible.