Overtime Law Revisions Have Been Blocked By Federal Court
An injunction has been placed against former President Barack Obama’s overtime rule that would have been set to benefit an estimated 4 million Americans as of December 1st. The new overtime eligibility rule would have allowed workers who make an annual salary of less than $47,476 to be eligible for overtime.
How will this preliminary injunction affect unpaid overtime and more importantly, how will it affect the working class?
Does the injunction invalidate the overtime law?
The preliminary injunction does not invalidate the changes to the law, they simply allow for the court to review the details of the law before either applying it or striking it down. However, with a new administration set to enter the White House in 2017 the provision is expected to be reversed as a result.
The Department of Labor (DOL) has appealed the injunction although the revisions face an uphill battle as of January 20th due to President Donald Trump entering office. A court decision will take time to process and it’s unlikely that the revisions will be defended in court by the new administration.
Will I still be subject to the new overtime law salary requirements?
Due to the law not clearing and being placed in a temporary hold, all salary laws will continue to hold without change. This means that the previous salary limit of $23,660 will continue to be enforced.
The injunction is expected to hold and will potentially prevent millions of Americans from benefitting from overtime and being subject to current labor laws until the law is either passed or stricken down by the new administration.
Will the injunction against the overtime law apply to all states?
Yes, the federal judge has extended the injunction nationwide due to the law affecting workers around the country. This in turn, will prevent the new revisions from going into effect for any worker and will keep the current DOL overtime law intact.
The future of overtime law
While the new overtime rule could not go into effect, it’s still important to be aware of your rights as an employee. As a worker you have rights, and being subject to unpaid overtime, harassment, and discrimination, as well as any other employment law issues can result in owed compensation from your employer.
It’s important to contact employment law attorney Glenn D. Levy now if you feel that you are owed unpaid overtime.