As you may have already heard from multiple sources, on November 22, 2016, a United States District Court Judge granted an Emergency Motion for Preliminary Injunction, enjoining the Department of Labor from implementing and enforcing the Overtime Final Rule on December 1, 2016. The Department of Labor, at the time of the decision, stated that it strongly disagreed and was pursuing its options for appeal.
On December 1, 2016, the Department of Justice, on behalf of the Department of Labor, filed an appeal with the United States Circuit Court of Appeals for the Fifth Circuit.
So, what’s a Pennsylvania employer to do?
- The new overtime law is still temporarily enjoined by the November 22, 2016 decision, so employers have the option to maintain status quo.
- Be prepared to identify the employees who would be impacted by the new regulations and be ready to act quickly, should the injunction be lifted.
Although the appeal does not change the status of the injunction, for the time being, it does increase the likelihood that the injunction would be lifted. It is now more important than ever to be prepared.
Stay tuned!
The Eastern Pennsylvania Employment Log (EPELog) is a publication of the KingSpry Employment Law Practice Group. Jeffrey T. Tucker, Esquire, is our editor-in-chief. EPELog is meant to be informational and does not constitute legal advice.
