The FLSA's Salary-Basis Test Post-Loper-Bright

Key Takeaways

• Utilize outside counsel to protect wage and hour audits as privileged and confidential;
• Plan ahead for upcoming changes and reclassifications to avoid risk and unanticipated financial impacts;
• Seek legal counsel for other risk mitigation strategies in defending wage and hour class and collective actions.

When the United States Supreme Court junked the 40-year-old Chevron doctrine this past term in its Loper Bright decision, many in the legal community were wondering what the fallout would look like. Loper Bright liberated courts to freshly interpret statutes and eschew deference to agency interpretations, setting the stage for a flood of rulings invalidating regulations across the administrative state. A prime candidate for attack: the Department of Labor's "Minimum Salary Rule."