Our Insights


Overtime Appeal Oral Argument Scheduled for October 3

Author: Steven F. Pockrass (Indianapolis)

Published Date: August 24, 2017

The U.S. Court of Appeals for the Fifth Circuit will hold an oral argument in New Orleans on Tuesday, October 3, 2017, in a highly-watched case involving revised overtime regulations that were supposed to become effective last December

The controversial regulations would have more than doubled the minimum salary requirement for the major white-collar exemptions under the Fair Labor Standards Act (FLSA) from $455 per week to $913 per week. Annualized, that would have been an increase in the salary threshold from $23,660 per year to $47,476 per year. 

The regulations were scheduled to go into effect on December 1, 2016, but were temporarily enjoined on a nationwide basis by a federal judge in Texas just before Thanksgiving. That ruling resulted in this appeal to the Fifth Circuit.

As we previously reported on August 1, 2017, the Fifth Circuit had tentatively scheduled the oral argument for sometime during the week of October 2. On August 24, the court docket was updated to show that the argument will be held during the morning session on October 3 and will be in the West Courtroom in New Orleans.

Steven F. Pockrass  (Indianapolis)

Steven F. Pockrass
Steven (“Steve”) Pockrass is Co-Chair of the firm’s Wage and Hour Practice Group. In this position, he helps clients and attorneys throughout the firm deliver proactive and responsive solutions to federal and state wage-hour questions and concerns. Steve coordinates wage-hour resources within the firm and works on a variety of wage-related issues, ranging from evaluating whether certain job positions are properly classified to defending collective and class actions. In...