Overtime Exemption Increases: Not Now, But (Probably) Soon

As our readers are aware, we have devoted a good amount of space to discussing the status of the Department of Labor's (DOL) final rule on exemptions from overtime under the Fair Labor Standards Act (FLSA). After a topsy-turvy year-and-a-half, in which multiple courts' issues opined on the status of that rule, we recently asked " What Ever Happened to the Department of Labor's New Overtime Rule?" and promised to keep employers informed of any new developments.

Employers scored a victory with an August 31, 2017 ruling where a United States District Judge in Texas struck down the Obama-era overtime exemption increase. The court's findings favored more than 55 businesses and 21 states who challenged the Obama's administration's overtime increases, concluding that the rule was based on employee salaries instead of job descriptions. The businesses and states argued that the increased labor expenses would be too costly for employers and may hurt workers as well, since