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ARTICLE · 28 JUNE 2017

Some States Forge Ahead On Salary Thresholds

Since last November, employers have waited with bated breath for a resolution of the status of the U.S. Department of Labor's salary-threshold increase for an executive, administrative, professional, or ...

United StatesEmployment and HR

Since last November, employers have waited with bated breath for a resolution of the status of the U.S. Department of Labor's salary-threshold increase for an executive, administrative, professional, or derivative "white collar" exemption under the federal Fair Labor Standards Act's Section 13(a)(1). To date, there have been no substantive developments with respect to the Texas court's preliminary injunction.

Whatever the future of that litigation might be, there is some reason to anticipate that ultimately the $455-per-week threshold will increase by at least some amount. U.S. Labor Secretary Acosta has now said that the Labor Department will soon ask for more input on the changes that were published last May. Rather than hold their breath, many employers are leveraging this time of uncertainty by deciding what they will do when matters become clear, if not sooner.

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