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Attorney Talks to Media about New Overtime Rule

10.25.19

In its newly unveiled overtime rule, the Department of Labor (DOL) raised the overtime threshold and expressed a commitment to review the threshold more frequently in the future. Marty Heller spoke to SHRM and Law 360 about what this all might mean for employers as they prepare for the rule’s Jan. 1, 2020 effective date.

In an interview with SHRM, Marty noted that DOL decided to abandon automatic adjustments and commit to more frequent reviews.  He explained that committing to revisit the threshold on a set time frame, every so many years, could force DOL to review the rule even when economic conditions show it's not the right time. "Every time you do this, you have to spend money to justify the analysis and the decision made," he said, noting that the final rule gives the DOL flexibility to decide whether economic conditions warrant a review and potential change.”

Regarding the speed of the new overtime rule, Marty told Law 360: "You look at a Jan. 1 effective date, I'm going to be telling my clients that's more like Dec. 1 because you're not going to be ready for it to be implemented in the middle of the holidays," Marty said. "That's the week between Christmas and New Year's, and if you're expecting your payroll and accounting department to be hitting on all cylinders — any time in the month of December, let alone the week before New Year's — it [isn't] going to happen."

To read the articles, visit SHRM and Law360 (subscription required).

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