The U.S. Department of Labor is appealing September's summary-judgment ruling against its "overtime rule".
We have submitted an extensive response to the U.S. Department of Labor's Request for Information seeking comment regarding the 2016 compensation changes in the agency's definitions of the FLSA's so-called "white collar" exemptions.
Judge Mazzant has granted summary judgment in favor of the employer groups who filed the lawsuit, signifying yet another setback for the so-called "Overtime Rule".
The 5th Circuit U.S. Court of Appeals has "tentatively" scheduled oral arguments for the week of October 2, 2017 regarding the U.S. Department of Labor's efforts to overturn last November's preliminary injunction blocking salary-related changes affecting FLSA's "white collar" exemptions.
A U.S. Department of Labor information request will be published tomorrow morning to seek additional public comment regarding the 2016 compensation revisions in the regulations defining the FLSA's "white collar" exemptions.
The U.S. Department of Labor has filed a Reply Brief in its appeal of last November's preliminary injunction that blocked the salary-related changes in the regulations defining the FLSA's "white collar" exemptions.
Federal District Judge Amos L. Mazzant has denied the U.S. Department of Labor's request to halt proceedings in his court while it appeals the preliminary injunction he granted preventing salary-related changes in the FLSA's "white collar" exemption requirements from taking effect.
Perhaps the conditions are right for a coalition drawn from employees, employers, and government representatives to wrestle the FLSA into the 21st century.
Some might find U.S. Labor Department "Fact Sheets" to be useful summaries or overviews in evaluating exemption status, but these materials are not themselves the definitions of exempt status under the FLSA's Section 13(a)(1).
Employers who are currently relying upon a "highly compensated" version of the FLSA's white-collar exemptions should carefully consider the 2016/2017 transitional implications of the higher "total annual compensation" dollar amount that goes into effect on December 1.