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Obama-era Overtime Rule Raised from the Dead?

By Alan H. Bowie, Jr., Nick Zaino & Vincent Farisello on October 31, 2017
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On October 30, 2017, apparently in the spirit of Halloween, the Department of Labor gave life to the Obama-era Overtime Rule we previously reported was virtually dead.  The DOL appealed the Texas federal judge’s decision to strike down the Rule.  In a short press release, however, the DOL made it clear that it would request that the court hold the appeal while it “undertakes further rulemaking to determine what the salary level should be.”

What does this mean for us?

This does not mean that the Obama-era Overtime Rule has been revived.  But, what it does signal is that the DOL is considering its own change to the current Rule.  Secretary Alexander Acosta’s statements in his confirmation hearing and his actions since being confirmed suggest that a salary increase may be coming.  The DOL recently published a “Request for Information” seeking public comment on a revision of the regulation, which drew as many as 165,000 commenters.

Why appeal the decision?

The DOL’s decision to file an appeal was likely a strategic decision to preserve its ability to effectively revise the Rule in the future.  Much of the Texas federal judge’s reasoning for striking the rule centered on the drastic salary increase.  In fact, the judge’s decision raised questions as to whether it was clear that the DOL had the authority to use salary as a basis for defining exemption under the FLSA.  Therefore, the DOL likely filed the appeal to make certain that the judge’s decision did not restrict its ability to issue a revised rule in the future.

We will continue to monitor these developments.  Please do not hesitate to contact us if you have any questions regarding the FLSA Overtime regulations, or this update.

Photo of Alan H. Bowie, Jr. Alan H. Bowie, Jr.

Alan H. Bowie, Jr. is a member of Carmody’s Labor and Employment group. During law school, Alan served as a judicial intern to the Honorable Juan R. Sanchez, Judge of the Eastern District of Pennsylvania and judicial extern to the Honorable Mark A.

Alan H. Bowie, Jr. is a member of Carmody’s Labor and Employment group. During law school, Alan served as a judicial intern to the Honorable Juan R. Sanchez, Judge of the Eastern District of Pennsylvania and judicial extern to the Honorable Mark A. Davis, Judge of the North Carolina Court of Appeals.

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Photo of Nick Zaino Nick Zaino

Domenico Zaino is a partner and co-practice group leader of the firm’s Business and Personal Services Group. He practices primarily in the area of labor and employment law and has extensive experience counseling, representing, and training employers on all aspects of the employment…

Domenico Zaino is a partner and co-practice group leader of the firm’s Business and Personal Services Group. He practices primarily in the area of labor and employment law and has extensive experience counseling, representing, and training employers on all aspects of the employment relationship. Nick’s clients range from small to large companies in various industries such as banking, medical, education, manufacturing, engineering, retail, construction, and non-profit. Working closely with C-level executives, in-house counsel, human resource professionals and business owners, Nick assists in managing risk by counseling on compliance and preventative strategies.

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Photo of Vincent Farisello Vincent Farisello

Vincent Farisello maintains a versatile practice in the areas of both labor and employment and general corporate law. Vincent’s labor and employment practice focuses on counseling and advising employers on all aspects of the employment relationship. To do so, Vincent works with clients…

Vincent Farisello maintains a versatile practice in the areas of both labor and employment and general corporate law. Vincent’s labor and employment practice focuses on counseling and advising employers on all aspects of the employment relationship. To do so, Vincent works with clients to manage risks and formulate strategies to avoid litigation and to comply with regulatory obligations. Vincent regularly represents employers in mediations, arbitrations, labor negotiations, contract negotiations and defends employers before various state and federal administrative agencies. Vincent is also a frequent presenter of seminars and training sessions on a variety of common employment issues.

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  • Posted in:
    Employment & Labor
  • Blog:
    Carmody @ Work
  • Organization:
    Carmody Torrance Sandak & Hennessey LLP
  • Article: View Original Source

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