New federal rules scheduled to go into effect on December 1 are being challenged by a number of states this week. Among the 20 includes Indiana, and, despite their passionate efforts, experts predict their challenge to the changes won’t hold up in court.
The change in rules will be warmly welcomed by part-time employees who occasionally work more than 40 hours per week as they would now be eligible for overtime pay. Once the rule goes into effect, anyone making less than $47,476 dollars a year will be paid time-and-a-half for working more than 40 hours a week.
Professor of labor and employment law at Indiana University Kenneth Dau-Schmidt recognizes that the concept has already been in effect in the interpretation of law for many years. He said, “It’s been tested before. The Supreme Court has already told us that the federal government does have the authority to impose the fair labor standards act against the states.”
While Dau-Schmidt feels that it’s likely the upcoming challenge of the official ruling to be introduced will turn out to be futile. However, he does have some advice on how protestors of the rule can increase their chances of coming to a mutual agreement by arguing against the pre-determined inflation adjustments instead. In regards to the dissent on this issue, he said, “I think it makes sense that some state attorneys are going to want to challenge this.” I don’t give the challenge much chance in court though.”
It’s expected that the rule will hold. If and when it does, this will have a direct impact on the lives of 87,000 workers in the state. We shouldn’t have too much longer to wait for the final answer as Dau-Schmidt predicts it won’t take the court long to come to a final decision on the matter.