We’ve put together a list of resources that will help you navigate the Department of Labor’s new overtime rules…
Q: What is the latest status on the rule?
A: The federal district court for the Eastern District of Texas granted an emergency request to put a hold on the December 1, 2016, effective date for the new federal overtime rule, until it can rule on two challenges to the rule itself. The court said today that the plaintiffs, in this case, 21 state attorneys general challenging the overtime rule, “demonstrated a substantial likelihood of success” on their case’s merits regarding the unlawfulness of the DOL’s final rule. The court’s action stops the rule nationwide. The NRA hailed the ruling.
The injunction will remain in effect until a decision is made in the case. Learn more here.
Q: What should I do during the injunction?
A: While this is a positive step forward, today’s decision does not delay the overtime rule indefinitely. Additional legal actions or a final decision by the Court in favor of the Department of Labor could result in the overtime rule taking effect. Therefore, NRA reminds members that it is important to continue to take the necessary steps to be ready to comply. Information and resources can be found at Restaurant.org/overtime.
Q: I need a comprehensive overview of the Final Rule. Where can I go?
A: DOL provided final rule guidance and a significant list of resources and links here.
Q: I need something smaller with a quicker summary. Where can I go?
A: National Restaurant Association provides a three page printable summary here.
Q: What are the options for employers?
A: Learn more about the options below by visiting our blogpost, Confused about Overtime Rules?
–Raise salary and keep the employee exempt from overtime
–Pay overtime in addition to the employee’s current salary when necessary
–Evaluate and realign hours and staff workload
Q: Does NRA have a webinar to help me get started so I can understand these rules?
A: The National Restaurant Association presented a webinar in late May providing initial analysis of the new overtime rules. You can access a recording of the webinar here. Click here for the webinar slides.
Q: Does DOL have a compliance guide?
A: Yes. The US Department of Labor issued a Small Business Compliance Guide.
Q: What are the recordkeeping requirements?
A: Link to Fact Sheet #21: Recordkeeping Requirements under the Fair Labor Standards Act (FLSA) from the DOL.
Q: What other blogposts or articles do you have?
A: You can always search our website for any topic. Click here for a list of blogposts connected to overtime.
Have more questions? Submit your question here and we will add it to our FAQ’s!
Judge to rule on overtime regulations next week 11/17/2016, Nation’s Restaurant News
4 things you need to know about overtime. Now. 11/15/2016, National Restaurant Association