Mark Terman was quoted in an SHRM article titled, “21 States File Emergency Motion to Bar FLSA Overtime Rule.” Currently, 21 states have filed an emergency motion to temporarily bar the DOL overtime rule, which raises the salary threshold for exempt employees from $23,660 to $47,476. The new rule is scheduled to take effect December 1. While some think the motion has a small chance of prevailing, Mark notes that that may not be the case.
“The chances that the motion will be granted are relatively good in my view," Mark said. "Trial courts tend to rule on the side of preserving the status quo."
He also advised that employers should still prepare to comply with the rule in case the injunction is not granted.