On Monday, May 22, 2017, Michael Zinser spoke at Media Financial Management’s Media Finance Focus conference in Orlando, Florida. Newspaper, broadcast, and cable finance executives from around the country attended the meeting.
During his session, Michael updated attendees on the Department of Labor’s Overtime Rule and the status of the litigation that has enjoined the Rule on a nationwide basis. Since the November 22, 2016 injunction, the Department of Labor has pushed back its briefing schedule several times, due to a delay in confirming a new Secretary of Labor. Alex Acosta was finally confirmed on April 27, 2017, and the briefing is now scheduled to be completed on June 30, 2017.
Prior to his confirmation, Acosta questioned the legality of even enacting a new salary threshold and noted that the currently enjoined Rule goes way too far. Acosta has indicated that he plans to consult with the Department of Justice to determine whether the DOL has the authority to enact a salary increase in the first place. Referencing the current statute’s duties test that determines overtime exemption, Acosta asked, “Does a dollar threshold supersede a duties test, and as a result, is it not in accordance with the law?”
In addition to the lawsuit noted above, Congress could also pass a separate law nullifying the Overtime Rule. The bill would then go to President Trump for signature, which he would certainly sign.
For updates on the Overtime Rule and information about Michael’s next speaking engagements, visit www.zinserlaw.com.