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Breaking News: Costly Overtime Rule Struck Down | Maryland Benefit Advisors

On August 31, 2017, Federal District Court Judge Amos Mazzant overturned the Fair Labor Standards Act (FLSA) Final Overtime Rule that would have doubled the annual salary level to qualify for exemption from overtime from $23,660 to $47,476. The same judge issued an injunction stopping implementation of the final rule nine months ago, and the Trump administration did not challenge the decision.

In granting summary judgment invalidating the overtime rule for plaintiffs in a lawsuit filed by several business groups and 21 states, Judge Mazzant stated, ““The Department has exceeded its authority and gone too far with the Final Rule,” he ruled. “Nothing in [FLSA] Section 213(a)(1) allows the Department to make salary rather than an employee’s duties determinative of whether a ‘bona fide executive, administrative, or professional capacity’ employee should be exempt from overtime pay.”

This may not be the end of the issue. Earlier, Labor Secretary Alex Acosta requested public comments on the rule and indicated that his department planned to review and possibly adjust the salary thresholds for exemption. The Department of Labor could also appeal the ruling.

For now, employers that have already made changes to their compensation plans can determine if they want to continue with the changes, suspend the changes, or roll back those changes pending new developments. These decisions should be made in accordance with any applicable state or local laws.

Originally published by

The DOL’s Final Overtime Rule Saga Continues | Maryland Benefit Consultants

The change in the regulations that would increase the salary threshold for overtime exemption that was all over the news for the last several months may now be decided by the end of June.

The Fifth Circuit Court of Appeals has granted the U.S. Department of Labor (DOL) another 60-day extension of time to file its final reply brief in the in the pending appeal of a nationwide injunction issued by a federal district court in Texas blocking implementation of the DOL’s final overtime rule. As we reported at the time, the final rule, which raised the salary threshold for the white collar overtime exemptions, was scheduled to go into effect on December 1, 2016. The final brief is now required to be filed by June 30, 2017. In its unopposed motion, the DOL stated that the extension was necessary “to allow incoming leadership personnel adequate time to consider the issues” and noted that the nominee for Secretary of Labor has not been confirmed.

As a result of the extension, it is not likely that employers will see any resolution of this issue until midsummer at the earliest. This also assumes that President Trump’s nominee for Secretary of Labor, Alexander Acosta, is confirmed within the next few weeks.

By Rick Montgomery, JD
Originally published by

The Overtime Rule Saga Continues… Maryland Benefit Advisors

All the hullabaloo about the potential new Department of Labor overtime rules was for naught as the implementation of the law has been delayed again. President Trump’s Department of Justice (DOJ) requested extensions to the appeal process to determine its strategy and finalize its standpoint on the proposed regulations. Some political experts theorize that the need for an extension is the result of delays in President Trump’s appointment of a Secretary of Labor. The President’s first nominee, Andrew Puzder, withdrew and confirmation hearings for his second nominee, Alexander Acosta, have not been scheduled.

Here’s where we are so far:

  • December 2016 was the effective date, but it was delayed by court order in November 2016.
  • Obama’s DOJ requested expedited review to get the law pushed through but Trump’s DOJ requested an extension; extension granted.
  • Trump’s DOJ requested another extension, unopposed, and it was granted.

In the legal world the result of these delays is that the appeal will not be fully briefed until May 1, 2017. This means the law is to enactment as Warren Beatty is to envelopes — no one knows what’s going on (at least until May) and the confusion may continue to go unresolved with no clear date of resolution.

What to Do Now

In the meantime, employers should be informed about how the rule, if implemented, would impact their workplace. You can read our blog post to learn more. As always, ensure that your company maintains compliance with current overtime rules and regulations, and use this time of legal indecision as an opportunity to review your practices and policies in accordance with state and federal wage payment laws.

By Samantha Yurman, JD
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