Jeffrey Ruzal, a Senior Counsel in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was quoted in Law360, in “DOL OT Rule Hard to Nix, but Automatic Increases May Fall,” by Matthew Bultman. (Read the full version – subscription required.)

Following is an excerpt:

Jeffrey Ruzal, senior counsel at Epstein Becker & Green PC, and other experts believe this is the argument that could gain the most traction in court. The inclusion of this sort of mechanism was unprecedented, and in their lawsuit, the states noted that the DOL itself has acknowledged there is no “specific congressional authorization” for the automatic updates to salary levels.

“This is the first time that this mechanism has been included in the regulations, and that’s the very reason why I think it’s ripe for a viable challenge,” Ruzal said.

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