Democrat Attorneys General Seemed Ready to Challenge the DOL on the Overtime Regulations

by Michael Haberman on June 5, 2019 · 0 comments

There may be a challenge to the proposed DOL regulations.

According to attorney Eric B. Meyer, 15 states seem poised to challenge the recently released proposed overtime rules that had replaced the 2016 proposed overtime rules. The result of this action may further deny overtime opportunities for workers who have long awaited these changes.

Let’s review

You may recall that in late 2016 the Obama administration Department of Labor had instituted a change that would require a salary level of $47,476 before a worker would be exempt from being paid overtime. The Attorney General of Texas filed a lawsuit that stopped that change from occurring, much to the relief of many employers. But the need for a change from the current $23,660 level was recognized. So early this year the Trump DOL proposed a new level to make workers overtime eligible. The new salary level was set at $35,308 per year or $679 per week. For many businesses this still a monumental change and many workers not currently covered will either get a raise or become eligible for overtime.

Now even that change may be stalled

Now according to Meyers’ report there is a move by the attorneys’ generals of 15 states, all Democrat, to file a lawsuit to nullify this proposed salary level, thus eliminating for even longer the opportunity to allow workers to earn overtime. In my opinion, this is a political move and further harms workers. Why not let these proposed salary changes go into effect, allow people to gain, and work with the administration, or the next administration, in further revising the FLSA rules on overtime to further benefit workers?

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