November 30, 2016
On November 22, 2016 Business Insurance published an article entitled “Overtime pay regulations enter uncertain period.” The article came shortly after a ruling the same day from a U.S. District Court in Texas, which granted a nationwide preliminary injunction against implementation of the U.S. Department of Labor’s (DOL) new overtime pay regulations until further order of the court.
The question stands, what action may the Trump administration take related to the overtime pay regulations to the Fair Labor Standards Act?
Business Insurance’s Judy Greenwald called on Nexsen Pruet’s David Dubberly to help answer the question at hand.
“People close to President-elect Trump have said that it’s [not] their main concern,” Mr. Dubberly said. They have also said “it’s not a priority for them to do away with the new minimum salary now,” although “I’m sure they’ll get an earful from people who complain” that moving the minimum salary from $23,660 to $47,476 “was too drastic a change,” he said.
The article also considers options for employers who have already increased employee salaries:
“Even if the Trump administration comes out with a new regulation — which would take months to do because of procedural requirements — or Congress comes up with a new rule to make changes in this area, it would be very difficult for employers to go to employees” to whom they gave raises and decrease their salaries, Mr. Dubberly said. “That’s not going to happen in the real world,” he said.
Read more from Business Insurance.
Dubberly also provided insight for a follow up article in Business Insurance entitled, "Stalled overtime rule presents dilemma for employers." Read his input on how employers who have already implemented the new regulation may react.
David Dubberly chairs Nexsen Pruet’s Employment and Labor Law Group and co-chairs the firm’s International Law Team. He is a frequent speaker, author and contributor to media inquiries on various topics pertaining to the DOL, FMLA, OSHA, EEOC and other employer and workplace related news. Follow David on Twitter.