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Overtime Final Rule Debate Continues

As the future of the revised overtime rules still looms, on June 30, 2017, the U.S. Department of Labor filed a brief with the Fifth Circuit Court of Appeals requesting that the court affirm its authority to establish a salary level test as part of the requirements for the white-collar exemptions under the federal Fair Labor Standards Act (FLSA). The USDOL also requested that the court rule that the November 2016 temporary injunction issued by a Texas federal court judge be reversed because, “it was premised on an erroneous legal conclusion.” The department also requested that the court not address the validity of the specific salary level set by the 2016 final rule because it intends to revisit it through new lawmaking.

This brief stems from the final regulations issued in May 2016 that would have changed the minimum salary requirement for the major white collar exemptions under the FLSA from $455 per week to $913 per week (from $23,660 per year to $47,476 per year). The final rule was never implemented because a Texas federal judge issued a temporary injunction blocking it. The prior administration filed an appeal of the preliminary injunction but the current administration is seeking to reassess the rule. According to the department, “it has decided not to advocate for the specific salary level ($913 per week) set in the final rule at this time and intends to undertake further rulemaking to determine what the salary level should be.”

Read the brief

President Fills Last Vacancy on NLRB

On June 29, 2017, President Trump nominated William Emanuel to fill the last vacancy on the federal National Labor Relations Board (NLRB) for a five-year term expiring August 27, 2021.

Read the press release