With the appeal of the overtime injunction in federal court now over, employers and trade associations now need to focus on the overtime do-over that is underway at the U.S. Department of Labor (DOL). More specifically, comments in response to the DOL’s request for information (RFI) regarding potential changes to the salary and duties tests for the white-collar regulations under the federal Fair Labor Standards Act (FLSA) are due no later than Monday, September 25.

Here is a recap of the major developments in the overtime saga:

What Does the Dismissal Mean for Employers?

As a result of these court decisions, the FLSA regulations that were effective prior to December 1, 2016, still remain in effect. However, the DOL also published a detailed RFI in the Federal Register on July 26, 2017, in which it asked several questions seeking input regarding the appropriate salary level (or levels) and the duties tests for the white-collar exemptions. The deadline to submit comments is September 25, 2017.  

As of September 7, 2017, more than 124,000 comments had been submitted in response to the RFI, the large majority of which are identical or nearly identical short statements encouraging the DOL to implement the $47,476 annualized salary level that was struck down by the federal court. These submissions are likely the result of an effort by organized labor to hinder the business community’s efforts against implementation of the revised rule. Thus, it is especially important that trade associations, employer groups, and individual employers also make their voices heard by submitting comments.



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Ogletree Deakins’ Wage and Hour Practice Group features attorneys who are experienced in advising and representing employers in a wide range of wage and hour issues, and who are located in Ogletree Deakins’ offices across the country.

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