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Federal Overtime Regulations Experiencing Legal Challenges

Date: October 25, 2016
Author: Fred J Mora, III
Posted by HRConsortium in: Wage and Hour

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Industry groups and a coalition of 21 states have filed separate lawsuits seeking to block new overtime rules.

According to an article from Carothers, DiSante & Freudenberger, LLC, an employment labor law firm, a motion for a preliminary injunction (or restraint) to halt the implementation of the new federal overtime rules is set for hearing on November 16, 2016. The industry group also have requested an expedited hearing before December 1, the date the new overtime rules go into effect.

"Both lawsuits allege that the overtime regulations were issued in excess of applicable authority and should be declared unlawful and set aside. Notably, these lawsuits are pending before the same District Court that just issued an order enjoining most aspects of the Obama administration's Fair Pay and Safe Workplaces Executive Order (and implementing regulations) that was scheduled to take effect October 25, 2016." - Carothers, DiSante & Freudenberger, LLC

It is important to note that, as of now, the overtime regulations are still scheduled to take effect December 1. Employers are urged to take steps to ensure timely compliance if they have not already done so. The HRC will keep you informed of any developments.

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