The Fifth Circuit granted the government’s request for additional time to file its final reply brief in the pending appeal of a nationwide injunction issued by a Texas District Court Judge, blocking the DOL’s controversial overtime rule raising the required salary level for the white collar exemptions. The final reply brief will not be filed
final rule
Government Seeks Another Delay on DOL’s Overtime Rule
By Jackson Lewis P.C. on
Posted in Department of Labor
The government has asked for another delay in submitting its final brief to the Fifth Circuit Court of Appeals regarding the DOL’s Final overtime rule, which raised the salary level for the white collar exemptions from $23,660 to $47,476. The final reply brief was scheduled to be filed on May 1, 2017, after two earlier …
Fifth Circuit Grants Government Request for Additional Time to State Position on Overtime Rule
By Noel P. Tripp & Jeffrey W. Brecher on
Posted in Department of Labor, Exemptions
Before the election the Department of Labor asked the Fifth Circuit Court of Appeals to expedite its appeal regarding the validity of the DOL’s Final Rule, which increased the salary level for the white collar exemptions. Earlier this week, however, following the inauguration of President Trump, the Department of Labor made the opposite request, asking…
States and Business Groups File Separate Challenges To OT Rule
By Noel P. Tripp on
Posted in Department of Labor
The anticipated legal challenges to the Department of Labor’s Final Rule regarding the salary level for white collar exempt employees were lodged yesterday through two separate lawsuits filed in the Eastern District of Texas. State of Nevada et al v. United States Department of Labor et al, E.D. Texas 16-CV-731; Plano Chamber of Commerce…
Congress Approves Puerto Rico’s Reprieve From Salary Basis Increase
By Noel P. Tripp on
Posted in Exemptions, Puerto Rico
As discussed in detail here, the Senate has approved the Puerto Rico Oversight, Management, and Economic Stability Act (“PROMESA”). Among other provisions, PROMESA stays applicability of the new salary basis rule to Puerto Rico until the Comptroller General of the United States further analyzes the economic impact of such application, and the Secretary of…
DOL Announces Salary Threshold
By Noel P. Tripp on
Posted in Department of Labor, Exemptions
News outlets are reporting that the new salary basis rule will take effect on December 1, 2016, and require a salary of $47,476 per year ($913/week). Reports also indicate that the new rule will require an update of the salary threshold every three years, as opposed to annual increases. This effective date provides employers a…
DOL Expected To Issue Final Regulation Regarding Overtime Exemptions On Wednesday
By Noel P. Tripp on
Posted in Department of Labor, Exemptions
The Department of Labor is expected to issue its long-awaited Final Rule regarding the white collar exemptions on Wednesday, at an event in Ohio attended by Vice President Biden and Secretary Perez, Politico reports. It is expected the Final Rule will increase the salary level requirement for white collar exemptions to approximately $47,000, and…
Sources Reporting Salary Basis Threshold In Final Rule Lowered to $47,000
By Noel P. Tripp on
Posted in Department of Labor
Multiple sources are reporting that the DOL’s Final Rule regarding the exempt status salary basis threshold will set the minimum salary at approximately $47,000 per annum, rather than the previously-reported $50,440. While the Office of Management and Budget (OMB) is still reviewing the proposed rule, the rule may clear OMB within the next few weeks,…
Reporting Indicates Accelerated Timetable for Proposed Overtime Rule
By Noel P. Tripp on
Posted in Department of Labor
Multiple sources have reported that yesterday the USDOL sent the proposed final overtime rule to the Office of Management and Budget (OMB) for its mandatory review. If OMB’s review is completed on an expedited basis, DOL could disseminate the proposed final rule to the public by mid-April, with an effective date potentially as early as…
DOL Receives 50,000 Comments In Final Week, Total Nearly 250,000
By Noel P. Tripp on
Posted in Department of Labor
Employers anxiously await the final regulations codifying the upcoming changes to the FLSA white collar exemptions. Those who seek to “read the tea leaves” regarding the rulemaking process based on the comments submitted by the public at large have a lot of work to do, as the Department announced it received in excess of…