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Halt the Lawsuit: Appeal of DOL’s Salary Level Raise on Hold

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On November 6, 2017, a federal appellate court granted the U.S. Department of Labor’s (DOL) motion to halt the litigation surrounding its 2016 overtime rule. The 2016 rule would have more than doubled the salary thresholds for exempt employees under the administrative, executive, and professional exemptions.

Almost one year after a Texas federal judge blocked the new overtime rule, this ruling by the Fifth Circuit places more importance on the DOL’s new rulemaking on the overtime salary levels. Here’s a play-by-play of the activity on the salary thresholds since the DOL’s original final rule in May of 2016:

With the deadline for written comments on the new rulemaking on September 25, 2017, employers can only wait for what their next steps will be. We will continue to monitor the DOL’s rulemaking to keep you up-to-date on the latest in salary thresholds for exempt employees. In the meantime, Honigman’s Labor and Employment attorneys can answer any questions regarding overtime and how any new regulations may affect your business.