A group of 21 states has asked a court to grant an emergency injunction to temporarily halt the U.S. Department of Labor’s (DOL's) new overtime regulations.
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The DOL issued new regulations that will more than double the salary threshold for employees eligible for overtime. Beginning December 1, employees earning less than $913 per week (which amounts to $47,476 annually) must be classified as nonexempt from the Fair Labor Standards Act’s (FLSA) overtime requirements, regardless of whether they meet any of the law’s duties tests.
The states filed a lawsuit September 20, alleging that the regulations exceed DOL’s authority. Business groups filed a similar suit the same day. (See States, Business Groups File Suits to Halt DOL Overtime Rule.)
The new motion, filed October 12, argues that public interest necessitates a nationwide preliminary injunction (State of Nevada v. U.S. Department of Labor, No. 4:16-cv-00731 (E.D. Tex., Oct. 12, 2016)). If granted, the injunction would prevent the overtime rule from taking effect until a full hearing could be completed.