Since President Trump took office, there have been no updates on the new overtime rule instituted by the Obama administration's Department of Labor, leading ASTA to believe the rule won't go into effect.

Under the rule, salaried employees making $47,476 or less would be eligible for overtime pay; the current threshold is $23,660.

On a press call on Tuesday, Peter Lobasso, ASTA general counsel, said it appears the rule -- which was blocked by a judge last November -- is dead.

"We've certainly heard nothing since the Trump administration began in January that there's any intention to pick this up again, and I think at this point in time, at least, it's pretty safe to say that this has died," Lobasso said.

The overtime rule was scheduled to go into effect on Dec. 1, 2016, but was blocked by a federal judge in Texas days before. While the Department of Labor has appealed the judge's ruling, it has also sought an extension to May 1 to file its brief on the matter.

"While the fate of the regulation remains unclear, it's pretty safe to say... that it probably won't go into effect," said Erika Richter, ASTA director of communications.

Before the rule was blocked, Richter said the Society had embarked on a campaign to educate members on its potential effects and how they could prepare for the changes. ASTA also included questions about the overtime rule in research conducted last year.

Richter said ASTA found that 66% of survey respondents said they had heard about Labor's new overtime regulations, and 34% indicated they were "very concerned" about them. Thirty-two percent said the regulations would not affect their business model.

"That being said, if the agency owners and managers are required to follow this rule or have decided to begin tracking each salaried employee's work hours each week, about 39% expressed that the extra work required would be very burdensome, and that's no surprise to us," Richter said. "I think most industries would agree that the extra tracking and obligations, especially for a small business, is complicated and costly."

Lobasso said if the rule went into effect, it would have affected many ASTA member agencies, and it got those same agencies thinking about how they categorize employees.

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