Plattsburgh, New York

ARTICLE: With Republicans in Charge of Washington, Should Companies Worry about the New Overtime Rules?

Clients are asking if changes to the new overtime rules are imminent, and if they can ignore the December 1 implementation date.  While Congress is introducing legislation to stop the changes, regardless of what the House or Senate passes, nothing will happen until January 21, at the earliest, President Obama has promised veto any legislation which reverses the regulations. The question of what will happen to the new overtime rules is very much open at this point, and a Trump administration may reduce or eliminate the changes, or make enforcement a very low priority.  What I find most surprising is that there is very little commentary on where this will go, because apparently Trump never had a campaign position on the new overtime rules.

No matter what happens in Washington, New York is prepared to boost salaries for exempt workers.  Recently, New York issued a proposed wage order which will significantly increase the NY minimum weekly rate for administrative and executive exempt employees, to $727.50 per week (in upstate counties), effective Dec. 31, 2016, with more increases over the following 4 years.  This wage order is moving through the rule making process, and I have every expectation that it will be controlling in NY by the time President Trump arrives in the White House.  Therefore, employers should plan to pay at least $727.50 to administrative and executive employees throughout 2017 if they work in NY.

If you have questions about this or any other labor or employment  matter, please contact Jacqueline M. Kelleher, Esq, or your regular Stafford Owens laywer.

The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.

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