The first of several USDOL "listening" sessions provided few answers. The primary question remains whether the agency will listen this time around as it takes on 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.
The U.S. Department of Labor has appealed last week's court order that prevented the salary-related changes in the FLSA's "white collar" exemptions from taking effect today.
Care and reflection are essential in deciding what to do in light of yesterday's ruling halting the salary-related "white collar" exemption changes.
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).
With only about 60 days to go, we continue to urge employers to move forward with their final preparations for the increased dollar-amount thresholds under the federal Fair Labor Standards Act's so-called "white collar" exemptions.
Two suits have been filed challenging the U.S. Labor Department's impending increases to the dollar-amount thresholds for most of the federal Fair Labor Standards Act’s so-called "white collar" exemptions.
There appears to be some continuing misunderstanding about exactly which exempt employees might be affected by the December 1 increase in the minimum salary amount required to meet the basic compensation criterion for an executive, administrative, professional, or derivative exemption under the federal Fair Labor Standards Act's Section 13(a)(1).
Employers must steer clear of the misconception that job descriptions alone can "make" employees exempt under the FLSA's so-called "white collar" exemptions.
It seems unlikely that recent Congressional proposals will succeed in stopping, deferring, changing, or curtailing the enforcement of the U.S. Labor Department's coming increases in the minimum dollar thresholds required for most of the FLSA's so-called "white collar" exemptions.