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Trump seeks more time on new rule

New York residents may have heard about a new overtime rule that was set to take effect in December 2016. However, the rule was delayed because of legal challenges, and the Trump administration has asked to push back the deadline to file a legal brief to June 30. If the rule were to take effect, it would raise the salary threshold for exempt workers to $47,476 a year from $23,660.

The original legal challenge to the new rule came from 21 states and was upheld in Nov. 2016 by a Texas judge. The governor of Maine also joined the lawsuit individually as a plaintiff. Before Barack Obama left office, the Department of Labor appealed the Texas ruling, and the case is now pending before the 5th Circuit Court of Appeals. However, the Trump administration wants more time to prepare its case as their choice for Labor Secretary has yet to be confirmed.

Some believe that the request for an extension may be a signal that the DOL has no interest in continuing litigation. Others say that Trump's intentions will become clearer once the nominee to lead the DOL has been confirmed. It is believed that a compromise may be proposed that would raise the exempt level to $33,000 a year as opposed to $47,476.

Individuals who are in the midst of overtime disputes with their employers may wish to talk with an attorney. It could be possible to win a financial award for back pay, interest and other damages. An attorney may use payroll records to show that payments were either withheld or that hours were rearranged to make it look like an employee worked 40 hours per pay period. Employee or manager statements might also be used as evidence of improper wage policies.

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