I had a lot of plans this week to do another deep dive into an employment law issue but then, well, let’s just say life happens.
Among the things? Lots of questions from clients about the new overtime rules. While everyone has had months to plan, there are definitely a few procrastinators out there.
But this may (and I emphasize and underline MAY) work out to those procrastinator’s advantage. Reports this week are that a Texas court is considering issuing an injunction that would stop the overtime rule in its tracks. The court has indicated that it will consider the matter by November 22nd. And moreover, even if it doesn’t issue an injunction on that date, it will consider the entirety of the case by 11:59:59p on November 30th.
While I still think the lawsuit may be a reach, it doesn’t seem as far fetched as it did a few weeks ago. Earlier this week, a similar Texas court issued a permanent injunction prohibiting the implementation of the so-called “Persuader Rule” from the NLRB. Government overreach seems to be a theme in Texas.
What should this mean for employers? Well, I still think planning is very much in order. But if employers haven’t yet flipped the switch on their plans, they may want to hold out for a few more days to see if this Texas case leads to anything.
Why? Because once you raise an employee’s salary, for example, it’d be very hard to roll it back.
So procrastinators take heart! Maybe, just maybe, your tardiness will pay off.
But I still wouldn’t count on it.
Author’s note: I will be proverbially “going fishing” for a few days, so don’t expect any late breaking posts until after Thanksgiving here. I’ll be posting a few “From the Archives” posts in the interim.