New Biden administration rule brings changes to overtime pay, gets pushback from Arkansas attorney general, others

LITTLE ROCK, Ark. – A rule under the Biden-Harris administration looks to make changes to overtime pay and is getting some pushback from Arkansas Attorney General Tim Griffin and some business owners.

The rule is said to regulate overtime pay for originally exempt employees. Currently, those eligible for overtime are salaried workers making $35,568 a year or less. Under the new law, it should be anyone making $43,888 a year or less as of July 1, 2024. Then as of Jan. 1, it would be anyone making $58,656 or less.

Westley Sullins, owner of The Pest Detective in Conway, said this rule change is not only a headache for his business but will change the dynamic and cause him to turn his salaried employees to hourly employees, which he said will impact paid time off.

"The way we work is as long as they don't abuse it- which they don't- as long as they get ahead of the schedule, they can take time off and I don't badger them about it," Sullins said. "We all have to work. That's just part of life. But it doesn't have to be a prison. It can be a place that you enjoy. With the new policies, it's gonna take a little bit of that freedom away."

A preliminary injunction issued against the rule has put that on hold for now, thanks to a Texas lawsuit. Attorney General Tim Griffin is leading a 14-state amicus in support of the Texas suit.

"We have a process where small business owners individually can contact their elected representatives and weigh in on what that law looks like," Griffin said. "They weigh in with Congress. That's the constitutional system."

Griffin said he believes the current workers receiving overtime through the original law passed by Congress deserve overtime pay and his concern is directed at how this law went into place more than what it changes.

The attorney general said the Biden-Harris administration continues to overstep that to push their agenda they cannot pass through Congress.

Democratic Party of Arkansas Chair Grant Tennille shared a statement in support of the new rule as well as in response to Griffin’s stance against it.

"Arkansans understand if you work more, you should be paid more. Tim Griffin and other MAGA attorneys general are suing to protect their corporate donors from paying fair wages,” the statement read. “This rule will benefit millions, including a significant portion of Arkansas's state employees. Arkansas Democrats stand with President Biden in this fight for working folks and their families to bring home more pay for extra work."



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