Jeffrey (Jeff) H. Ruzal, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was quoted in SHRM, in “Proposed Overtime Rule Likely to Face Court Challenge, but Positions Should Be Audited Anyway,” by Allen Smith.

Following is an excerpt:

Even though the proposed overtime rule is likely to be challenged in court after it is finalized, employers should start examining how it will affect their workplaces, legal experts say.

“I don’t think businesses should act now and make concrete changes,” said Jeff Ruzal, an attorney with Epstein Becker Green in New York City. “A preliminary injunction is likely” after the rule is finalized, he said, but employers “should study and audit the workplace” and prepare for the rule to possibly take effect. They should analyze who is exempt and nonexempt and plan for complying “without jeopardizing the business or payroll.”

Déjà Vu

Business leaders may think Here we go again in reaction to the proposed rule, Ruzal said. The new proposed rule recommends a large increase in the overtime salary-level threshold, just as changes proposed in 2016 did. That rule was blocked on Nov. 22 of that year.

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