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Injunction delays, but likely will not stop overtime rules

New salary threshold rules were scheduled to go into effect on December 1. Many human resource departments have already complied. What happens if yours has not?

The bad news is that you may have to wait a little longer. If your salary is below $47,476 ($913/week) and you work 45-50 hours weeks routinely, you could be affected by the rule changes. The delay is due to a court case filed by a number of states challenging the constitutionality of the executive action.

To explain more details about the change in rules, we wrote a paper over the summer titled "Overtime: Are You Eligible Under Expanded Federal Regulations?"

The court injunction was issued just weeks before the rules were to take effect. In the months since the rules were announced in May, most employers have complied. It seems unlikely that many will roll back salary increases or reductions in hours. The main issue relates to employers who waited and did nothing.

Our white paper is a starting point and answers many basic questions. In addition, your employer cannot retaliate against you for raising the issue or asking questions.

As the rules remain in flux, out attorneys can provide more guidance based on your individual circumstances. When you have concerns about a negative employment action or worry that you are not being compensated for all your work, schedule an appointment to speak with one of our experienced employment attorneys.

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