Overtime injunction puts many operators in a tough position

Many senior living operators now find themselves at a crossroads, thanks to a court injunction that puts a new overtime regulation on hold.

At issue is whether it’s better to put planned changes in place for affected employees or keep things as they were until the matter is resolved.

The regulation would have made most senior living employees eligible to earn extra pay when they work beyond 40 hours a week. Currently, salaried exempt workers who earn $23,660 or more do not automatically qualify for extra pay. The regulation would have more than doubled the yearly threshold to $47,476.

Most operators had spent months adjusting schedules, duties and salaries in preparation. But a federal judge’s order has put the rule’s legality in doubt. It remains uncertain whether the Department of Labor actively will pursue its appeal of the court order. Further complicating matters is whether President-elect Donald Trump will modify or dismiss the rule when he takes office.