It Ain’t Over Yet for the FLSA Overtime Rule!

Many thought that when the U.S, 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’s not.

On Oct 30, 2017, the Department of Justice, on behalf of the DOL, filed a notice of appeal with the U.S. Court of Appeals for the Fifth Circuit 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 appellate court to hold its appeal in abeyance while it undertakes further review of the appropriate salary threshold. Stay tuned!  

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