Law Office of Marc J. Smith, LLC
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Employment Law Blog

Anticipated FLSA Salary Requirements Blocked by Federal Judge

Late on November 22, a federal district court in Texas enjoined nationwide implementation of the Labor Department’s new overtime requirements that have been the subject of several articles posted below.  The new regulations were to go into effect on December 1.  Judge Amos Mazzant, ruling on a consolidated lawsuit brought by 21 states and a business coalition, concluded that the executive, administrative, or professional employee exemption contained in FLSA Sec. 13(a)(1) does not grant the Department of Labor the authority to utilize a salary-level test or an automatic salary updating mechanism under the rule. “With the Final Rule, the Department exceeds its delegated authority and ignores Congress’s intent by raising the minimum salary level such that it supplants the duties test. Consequently, the Final Rule does not meet [step one of the] Chevron [deference test] and is unlawful,” the court ruled (State of Nevada, et al v. Dept. of Labor, et al, Dkt. No. 4:16-CV-00731, Nov. 22, 2016.

Marc Smith