The Department of Labor (DOL) has appealed to the court. They will not let the Obama-era changes to the FLSA overtime rules be thrown out that easy.
Recent rulings determined that the DOL set the salary threshold too high. In fact, it was making employees functions and duties irrelevant because of how high it was.
The court made a point to say that the agency never really had official authority under the FSLA to do set the threshold like this in the first place.
It was decided by the court that the DOL’s overtime provision which automatically increased salary thresholds every three years was not going to work. It was absurd and unreasonable.
BUT, the DOL won't go down without a fight.. or should I say another fight? Read more here.
So in the meantime, until new rules are constructed, the DOL is defending their authority to ‘define and delimit’ overtime regulations as well as separate themselves from the salary threshold increase that happened under Obama administration. This protects the DOL’s chances at establishing a lower salary threshold that aligns with Trump’s administration and their pro-employer motives.
The Fifth Circuit has also been asked to hold the appeal process until current overtime rules are rewritten. This is a very strange request from the feds considering that it gives the DOL an opportunity to announce new overtime rules before the court has the chance to announce if it even has the authority to do so.
Secretary Acosta of the DOL disclosed multiple times his plan to increase the current overtime salary threshold to somewhere around $23,660 and $47,476, but his claims up until this point have been rather vague and indistinct.
Find out more about the current situation surround overtime regulations in Employee Benefit News.