Employment Law and Selective Services Blog

301.838.8950

Obama-Era FLSA Amendment DOA

Posted by Marc Smith | Sep 11, 2017 | 0 Comments

The continuing saga of the Obama-era overtime rule now appears to be officially over.  This rule, if implemented, would have required employers to pay employees more than $47,000 annually to qualify under one of the Fair Labor Standards Act's white- collar exemptions.  As set forth in a previous post below, the rule was in serious limbo after a Texas federal district court judge temporarily prevented its enforcement just before Thanksgiving last year, and now that same judge has struck down the rule permanently.

In a nutshell, the court said the DOL exceeded the authority granted to it by congress by fashioning a rule that effectively doubled the salary employers had to pay employees to qualify under the white-collar exemptions. Although the court didn't quite shut the door on whether the US Department of Labor (“DOL”) has any authority to alter the salary basis test, the decision substantially limits DOL's authority to implement a new salary basis test and dramatically alter the landscape of workers eligible for overtime compensation.

About the Author

Marc Smith

Marc J. Smith is a Rockville, Maryland employment attorney and a founding member of the law firm formerly known as Smith, Lease & Goldstein, LLC. In 2018, after 18 years managing Smith, Lease & Goldstein, LLC's employment counseling and litigation practice, Marc launched his own boutique practice...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Representation Of Employers And Employees

The Law Office of Marc J. Smith, LLC is a boutique employment law practice based in downtown Rockville, Maryland near the Montgomery County Circuit and District Courts. The Firm’s practice focuses exclusively in the employment law arena and provides counseling, litigation and a wide range of other employment-related services to employers and employees throughout the State of Maryland, Washington D.C. and other jurisdictions. The Firm also represents individuals who have failed to register with the Selective Service System and who are trying to apply for or maintain federal employment.

Menu