Department of Labor Should midterm elections bring more Democrats into office before a rule is put in place, the appeal of the injunction could be reinstated and the original Obama-era rule put in place. (Photo by Mike Scarcella/ALM.)

It may have been the target of a permanent injunction against implementation, but depending on how quickly the Department of Labor acts (or doesn’t), midterm elections could upend the process on the overtime rule.

According to a report from the Society for Human Resource Management, the Obama-era rule—which would require the payment of overtime for all those making $913 per week (that translates to an annualized $47,476)—could come back to life if the DOL doesn’t issue its retake on the rule before the elections.

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Marlene Satter

Marlene Y. Satter has worked in and written about the financial industry for decades.

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