By Chris Olmsted, Ogletree Deakins
SDEA’s employment law partner has provided the following update regarding the impact that the election of Donald Trump as President will have on the changes to overtime regulations currently scheduled to go into effect on December 1:
- We don’t know what the Trump administration’s plan will be with regard to the regulations and we are not in a position to predict what those plans will be.
- The changes are still scheduled to go into effect on December 1. Employers should plan to forge ahead so they are in compliance on December 1. They also need to be sure they are communicating plans to employees far enough in advance so that they are complying with any state and local notice requirements.
- Employers may want to include in their communications to employees a carefully worded statement that the election results have created uncertainty about the future of the regulatory changes, both in the short-term and the long-term, so it is possible that the changes the company currently intends to make may be delayed, adjusted, or discontinued either before or after December 1.
- A hearing on the motion for preliminary injunction in the lawsuits challenging the overtime regulations is still scheduled for November 16. We do not believe that the Department of Labor (DOL) is going to change its position at this hearing as a result of the election. If anything, the DOL may fight that much harder at the hearing to oppose an injunction. We will continue to monitor this situation.
- Since the future is so difficult to predict, employers who are in a position to sit tight as we try to collect more information over the next few days may want to do so. Again, however, we are not suggesting that any employer not plan to comply with the December 1 effective date.
Ogletree Deakins will be posting blog updates on their Overtime Solutions Center webpage regarding new developments concerning the regulations.
If you have questions, please give SDEA’s team of HR experts a call at (858) 505-0024.