UPDATE: On Wednesday, June 7, 2017 Labor Secretary Acosta announced that the Department of Labor (DOL) will submit a “request for information” (RFI) on the overtime rule in the next several weeks. An (RFI) is a tool typically used by the DOL to seek public input on new rules or changes to existing rules.
Background: Back on November 22, 2016, a Texas federal judge issued a preliminary nationwide injunction for all employers blocking the DOL from implementing the new exemption rule, also known as the FLSA overtime rule. On December 1, 2016, the Department of Justice, on behalf of the DOL, filed a notice with the U.S. Circuit Court of Appeals for the Fifth Circuit to appeal that preliminary injunction. Opening briefs and corresponding responses were due by March 2, 2017, however repeated extensions ensued, with the latest deadline being June 30th. In light of the RFI, the DOL may request yet another extension to submit briefs.
Key Takeaway: Nothing has changed. These latest developments shouldn’t change the current course of action employers have already taken in response to the injunction. Employers should continue to update their job descriptions and ensure that their jobs meet one or more of the FLSA’s "white collar" duties tests (Executive, Administrative, Professional, Computer and Outside Sales). MRA is continually monitoring the situation and will provide updates as they become available.
For additional information on the injunction and employer options, see our previously published Inside HR article FLSA Overtime Rule on Hold.
Source: Lynell Meeth, HR Business Advisor, MRA – The Management Association