A proposed overtime rule in New York State takes effect Jan. 1, yet it’s received very little attention over the past month because it was under the salary threshold required by the Obama Administration’s overtime rule. (It would have escalated above that threshold eventually.) It was easy to lose sight of the proposal under the circumstances but now, with a court injunction blocking implementation of the U.S. Labor Department’s rule, the New York rule is of great consequence to employers operating in the state.
As with other issues, the rolling back of federal mandates is triggering a host of new concerns and considerations at the state and local level. Every time a court or the new Trump administration strikes down a federal mandate, employers must revisit all state and local regulations to make sure they are in compliance. Local regulations that were once eclipsed by federal requirements may become relevant again in this new environment. If Trump’s political appointees and a Republican Congress are as cavalier as some expect, then the New York overtime rule could be the first of many state and local level regulations that catch employers off guard.
The proposed NYS rule raises the salary threshold for employers depending on size and the region of the state in which they operate. The NYS Labor Department is currently accepting public comments on the new rule. The public comment period will close this Saturday, at which time the agency will consider all submitted comments and issue a final rule. The NYS DOL is likely “going through the motions” and will enact the proposed rule effective Jan. 1. New York employers should take the appropriate steps to comply with the new rule by the first of the year.
Joe Kefauver is managing partner of Align Public Strategies, a full service public affairs and creative firm that helps corporate brands, governments and nonprofits navigate the outside world and inform their internal decision-making. For more information, go to AlignPublicStrategies.com.