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Overtime Rule Delayed At Least Another 60 Days

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Authors: D. Mark Wilson

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The Department of Labor received another delay in its appeal of a judge's order that blocked implementation of the final overtime rule in order to give incoming DOL leadership time to review the rule and decide how they want to proceed.  The court delay pushes back the deadline for the DOL's next filing in the case from May 1 to June 30.  The Senate is expected to confirm Alexander Acosta as Secretary of Labor by early May.  The final rule would have doubled the salary threshold to $47,500 and automatically indexed it every three years.  A judge issued a nationwide injunction just before the rule was set to take effect on Dec 1.  During his March 22 confirmation hearing, Mr. Acosta suggested he may change the salary level threshold to "somewhere around $33,000."

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