Dive Brief:
- The scheduled hearing over the motion for preliminary injunction for the FLSA overtime rule will take place Nov. 16, Politico reports. It is scheduled just over two weeks before the Dec. 1 deadline.
- U.S. District Court Judge Amos L. Mazzant III was appointed by President Barack Obama, who originally called for the rule change, causing court experts to claim that it is unlikely the injunction will pass, Maynard Cooper Gale notes in its report.
- President-elect Donald Trump has not said specifically what he will do about the overtime rule changes, Politico reports. In the past, he has called for a potential small business exemption or a delay for certain types of businesses of the rule's implementation.
Dive Insight:
Judge Mazzant consolidated the separate lawsuits from 21 states and several employer groups into one case, which will be heard Wednesday.
The call for preliminary injunction is likely the last stand for opponents of the rule. Bills exist in Congress to delay the regulations, but it is unlikely they will be passed before the deadline. Even if they did, President Obama would veto any such legislation that made it to his desk.
As usual, most experts are advising employers to prepare for the rule regardless of the outcome. That advice has not yet changed, even with an incoming Trump administration.
