By: Dustin Humphrey
Last week a Judge Amos L. Mazzant III of the U.S. District Court blocked the new Federal Overtime Rule that would have extended overtime eligibility to nearly 4 million Americans. The rule was scheduled to take effect this week on Thursday, Dec. 1. So what now for employers?
The short answer is that while this injunction is in effect, employers are not required to pay overtime in accordance with the new rules. However, it is important to note that this injunction is temporary. The next step is for the judge to decide whether or not he is going to make his ruling permanent. If he decides to do so, then employers would not have to comply with the new regulations.
If, on the other hand, the ruling is overturned or the judge changes his mind, it is unclear whether the regulations are effective retroactively to December 1, 2016. The ambiguity of the situation means employers should work closely with legal counsel to formulate a plan going forward.
Dustin joined the SBW&H team in 2010, coming to us from one of the oldest firms in Cincinnati. He earned his undergraduate degree from Bellarmine University, summa cum laude, and his law degree from the Salmon P. Chase College of Law at Northern Kentucky University, where he graduated cum laude. Dustin’s law practice includes personal injury law, medical malpractice law, business law including corporations, LLCs and business planning, real estate law, probate law, estate planning, employment law, and family law.