On March 7, 2019, the U.S. Department of Labor (DOL) announced a proposed rule that would make more than a million American workers potentially eligible for overtime. This eligibility would come about by changing the threshold for salaries that triggers the exemption from the overtime provisions of the Fair Labor Standards Act (FLSA).
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| Update: On October 30, 2017, the U.S. Department of Labor (DOL) filed a notice to appeal this decision to the U.S. Fifth Circuit Court of Appeals. Once this appeal is docketed, the DOL will file a motion to hold the appeal in abeyance while the department undertakes further rulemaking to determine what the salary level should be. |
The Obama Administration issued new regulations about overtime that were to take effect on December 1, 2016. Just before they were to take effect, a U.S. district court in Texas enjoined the regulations. So since about December 1, 2016, employers have been in legal limbo about what’s going to happen.
In 2016, the Obama administration issued a new overtime rule. The rule was set to take effect on December 1, 2016. But in November 2016, a Federal district judge enjoined the enforcement of the rule. In December, the U.S. Department of Labor (DOL) appealed the district judge’s injunction to the U.S. Fifth Circuit Court of Appeals.
On December 1, 2016, the U.S. Department of Labor (DOL) filed a notice of appeal in Nevada v. U.S. Department of Labor. The appeal comes as a result of a U.S. District Court in Texas issuing a nationwide injunction against the DOL’s new overtime rules that were to go into effect on December 1. The appeal was filed in the U.S. Fifth Circuit Court of Appeals (docket number 16-41606).
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Update to this post: On December 1, 2016, the U.S. Department of Labor filed a notice of appeal in this case. We will now have to "stay tuned" for a decision by the U.S. Fifth Circuit Court of Appeals.
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