Will Restaurants and Other Employers Implement the New Overtime Rule on Dec. 1?

By Allegra A. Jones

Employers nationwide, including those in the food and beverage industries, have been gearing up to implement the U.S. Department of Labor’s new overtime rule that was scheduled to take effect on December 1.  But, shortly before the Thanksgiving holiday, a Texas federal judge decided to block it, potentially affecting more than 4 million workers.

The Final Rule would have more than doubled the minimum standard salary level for overtime-exempt “white collar” employees—individuals employed in an executive, administrative, or professional (including the salaried computer exemption) capacity—to $47,476 annually (or $913 weekly). In other words, workers paid less than $47,476 would have been entitled to minimum wage and overtime pay under the federal Fair Labor Standards Act (FLSA), unless they fell within another exemption.

Many employers had already announced this wage-and-hour change. However, in State of Nevada v. United States Department of Labor, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction blocking the Final Rule. Thus, companies have been left scrambling, trying to decide whether Continue reading “Will Restaurants and Other Employers Implement the New Overtime Rule on Dec. 1?”

© 2009- Duane Morris LLP. Duane Morris is a registered service mark of Duane Morris LLP.

The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

Proudly powered by WordPress