Status of new overtime rule; DOL poised to appeal ruling

Two weeks ago we posted an alert about a preliminary injunction blocking the Department of Labor’s new overtime-exemption rule. The rule was scheduled to take effect on December 1st. While the fate of the rule remains uncertain, the Department of Labor recently filed a notice of intent to appeal the trial court’s preliminary injunction.

For business owners monitoring the status of the case, we’ve gathered the following links providing coverage and commentary on the case. These links do not necessarily represent the opinion of Zlimen & McGuiness, PLLC, and are provided solely for our readers’ interest.

From the New York Times: An overview of the current litigation and a link to the full text of the preliminary injunction

From the National Law Review: The Department of Labor’s proposed timeline for the appeal.

From Jackson Lewis, P.C.: Insights for employers who were planning to implement changes on December 1st.

From Orrick, Herrington, & Sutcliffe, LLP: How the litigation might evolve from here.

We will continue to monitor the case as it moves forward. Employers with questions about how to respond to the new rule are encouraged to contact us.

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