MENUMENU
  • FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR

  • LOGIN
  • SIGN UP FREE

HR Morning

MENUMENU
  • FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • More
    • Leadership & Strategy
    • Compensation
    • Staff Administration
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • Employee Services
    • Work Location
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans

DOL appeals ruling to kill new OT rule: Why is this big news for HR?

HR, FLSA, overtime rule
Jared Bilski
by Jared Bilski
November 2, 2017
2 minute read
  • SHARE ON

The Department of Labor (DOL) isn’t going to let a Texas judge simply toss out the Obama-era changes to the FLSA’s overtime rules. The agency has officially appealed the court’s decision, and its reason for the move suggests the DOL has some major plans regarding overtime reg in the near future.
As HR Morning reported previously, in a recent ruling, a federal court effectively said the DOL overstepped and set the salary threshold so high that it had effectively made employees’ duties, functions and tasks irrelevant.
And the agency didn’t actually have the authority under the FLSA to do that, the court added.
Finally, the court said the DOL’s OT provision that automatically escalated the salary threshold every three years was also unlawful.
Now, it appears the DOL isn’t OK with that decision.

Until the new rules are drafted …

With the appeal, the DOL is looking to defend its authority to “define and delimit” the OT regs but also distance itself from the salary threshold increase the Obama administration DOL created. This move will protect the DOL’s authority to set a lower salary threshold that’s more in line with the Trump administration’s pro-employer agenda, experts say.
And not only is the agency fighting the court’s decision, it’s also going to ask the Fifth Circuit to suspend the appeal process while it rewrites the current overtime regs.
The request from the feds is a very unusual one because it would give the DOL a chance to announce new overtime regs before the court even announces whether it even has the authority to do so.

Somewhere between $23,660 & $47,476

DOL Secretary Acosta has said on numerous occasions that he plans to increase the current OT salary threshold but has yet to offer a clear picture of how much higher it will be.
The only consistent info Acosta has offered is comments the new threshold will be somewhere between the current $23,660 threshold and the $47,476 amount under the Obama administration.
As reported on Employee Benefit News, experts believe the DOL’s latest move is consistent with it’s current position on the overtime rule. Richard Glovsky, co-chair of the Locke Lord law firm’s labor and employment practice group, said:

“This [the DOL appeal] is not surprising and makes sense from the DOL’s perspective. This may help clarify, expedite and add order to a context which is currently unclear.”

However, Glovsky cautioned employers to stay informed about the final outcome of this DOL appeal because if they don’t, employers “… are playing Russian roulette with no particular insight into how this is going to play out.”
To that end, HR Morning will continue to provide updates on this story as it continues to evolve.
 

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES

Keep Up To Date with the Latest HR News

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Sign up for a free HRMorning membership and get our newsletter!
  • This field is for validation purposes and should be left unchanged.
HR Morning Logo
  • Facebook
  • Twitter
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • HR Technology
  • Performance Management
  • Leadership & Strategy
  • Compensation & Payroll
  • Policy & Culture
  • Staff Administration
  • Wellness & Safety
  • Staff Departure
  • Employee Services
  • Work Location
  • HR Career & Self-Care

HRMorning, part of the SuccessFuel Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day’s headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy Terms of Service
Copyright © 2021 SuccessFuel

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

preloader