FLSA "White Collar" Exemption Changes Challenged

Twenty-one states are challenging the U.S. Labor Department in court in an effort to stop or delay the impending increases to the dollar-amount thresholds for most of the federal Fair Labor Standards Act’s so-called "white collar" exemptions.  The plaintiff states raise various arguments opposing the changes, in particular focusing on the application to public employers and future automatic updates.  Merely hours later, numerous business groups filed a somewhat similar suit in the same district court on behalf of their members.

These developments are welcome ones, but our view continues to be the one we expressed in connection with Congressional initiatives:  Employers should continue their preparations for the coming changes, rather than deferring action in anticipation of an 11th-hour reprieve.