November 23, 2016 11:58 AM
Georgia Attorney General Chris Carr issued a statement today in support of a decision by the US District Court to issue an injunction against enforcement of an updated rule from the Department of Labor that changed the way overtime pay would be applied to certain workers.
I commend the court’s preliminary injunction. The overtime rule is the latest example of the States stepping in to stop the Obama administration from defying Congress and implementing its own agenda rather than following the law. This unlawful overreach has undoubtedly put a strain on businesses and state government entities to prepare for its implementation, so our office will continue to provide guidance and support to our clients in accordance with the federal court order.
The updated ruling, which was supposed to have gone into effect December 1st, would have changed the requirement for certain white collar workers to be exempt from paying overtime wages. Previously, such employees would be exempt from being paid overtime if they made more than $23,660 annually. The new threshold is $47,476 annually.
The rule change came about after President Obama ordered the department of Labor to update its overtime requirements such that salary level, rather than duties. Believing such a change could only be made by Congress, the attorneys general of 21 states, including Georgia, filed a lawsuit challenging the rule. That lawsuit led to the injunction. With Donald Trump becoming president in January, it’s possible the new administration will withdraw the rule, making a continuation of the suit meaningless.