Implementation of the Newly Approved Overtime Rule Has Been Delayed Due to an Injunction from a Federal Judge
Newly passed regulations to expand overtime eligibility to 4 million employees were not put into action on December 1, 2016, as planned. A federal judge delayed the implementation by the Department of Labor (DOL) only ten days before they were supposed to go into effect. What does it mean with the new overtime pay rules delayed?
The new rules mean a dramatic increase in the number employees who would be eligible for overtime pay because the salary max has been raised from $24,000 to $47,476. That means employees who were previously exempt from being paid overtime because they made more than $455 per week will now be able to earn time and a half when they work over 40 hours per week. However, now with the federal judge’s injunction, it is unknown when the law with take effect.
Important Details that Employees Need to Know about Overtime
Employees may not know their rights related to overtime pay. The rules are specific, and there are three different indicators that must be met to make an employee eligible for overtime. This area of law is complicated, and employees may not know what is involved in the process.
Salaried employees may be eligible for overtime. Many employees believe that if they are salaried, they are automatically ineligible for overtime pay. That is not always the case; you may be considered exempt when you are eligible.
Misclassifications happen and can be corrected. If you have been misclassified, or if you think you are eligible you may have a legal claim.
Even with the current laws, there may be employees not being paid overtime who have the right to the additional payment.
Hence, it can be important to understand the Exempt vs Non Exempt definition and under what type your job falls. If in doubt, you could do research on such topics by going through law blogs or consulting a solicitor who is specialized in employment laws.
You may be eligible for back pay for overtime hours worked in the past
Even if the overtime hours worked were not in the current year, employees may be able to get the extra income they deserve. Your attorney may be able to recoup overtime pay you should have received from as many as six years ago.
If an employer knowingly misclassifies an employee or doesn’t pay overtime to eligible employees, those are considered violations of the Fair Labor Standards Act and the employer may be required to pay back wages and the employee’s legal fees.
Contact a Wage and Hour Attorney for Help
If you believe that you are owed back overtime wages, contact Mynor E. Rodriguez for help. He can help you understand if you are eligible for overtime and help you fight for your back wages.