FLSA Overtime Rule – It Ain’t Over Yet!

By:  Claudia D. Orr 

Many thought that when the US District Court in Texas ruled on Aug 31, 2017, that the Department of Labor (DOL) had exceeded its authority when it increased the salary threshold for exempt employees, this would be the end of the story.  But it is not.

On Oct 30, 2017, the Department of Justice, on behalf of the DOL, filed a notice of appeal with the 5th Circuit Court of Appeals challenging the district court’s ruling. While the DOL under the Trump administration is not satisfied with the new threshold set under the Obama administration, it wants to preserve its authority to set that threshold.

According to its press release, the DOL intends to file a motion asking the 5th Circuit to hold its appeal in abeyance while it undertakes further review of the appropriate salary threshold.  Stay tuned!

This article was written by Claudia D. Orr, who is Chair of the Legal Affairs Committee of Detroit SHRM, and an experienced labor/employment attorney at the Detroit office of Plunkett Cooney (a full service law firm and resource partner of Detroit SHRM).  She can be reached at corr@plunkettcooney.com or at (313) 983-4863. For further information go to: http://www.plunkettcooney.com/people-105.html.

Detroit SHRM encourages members to share these articles with others, inside and outside their organization, as long as its name and logo, and the author’s information, is included in the re-post of the article. November, 2017.