The U.S. Department of Labor confirmed on October 30, 2017 that it intends to “undertake new rulemaking with regard to overtime.” While the DOL simultaneously filed an appeal of the district court order holding the prior overtime rule invalid, the DOL stated it intends to request that the Fifth Circuit “hold the appeal in abeyance while the Department of Labor undertakes further rulemaking to determine what the salary level should be,” according to the statement made by the DOL. The Obama-era rule set the salary level for the white collar exemptions at $47,476. It is expected the new salary level will be in the low $30,000 range. In July 2017, after the DOL published a Request for Information regarding a new overtime rule asking for public comment, more than 140,000 comments were received. The next step is for the DOL to issue a proposed rule, and then then a final rule following a comment period.
In addition, the AFL-CIO has appealed the denial of its motion to intervene in the district court case, although its motive for doing so remains to be seen. We will continue to report developments here. Stay tuned…