DOL Final Overtime Rule Delayed Again

The Department of Labor has asked the Fifth Circuit Court of Appeals for another extension to submit its written argument in the ongoing appeal of an injunction to the DOL’s rule raising the necessary salary level for employees exempt from overtime. The DOL’s written argument was previously scheduled to be filed by May 1, 2017, but the government requested and received 60 additional days to submit its brief, extending the deadline to June 30, 2017. The DOL’s overtime rule, which was put on a nationwide hold by a Texas District Court Judge just days before implementation, would have raised the salary level for white-collar exemptions from $23,660 to $47,476 per year and increased this salary threshold automatically every three years. This is now the government’s third request to delay its submission, which is notable as prior to the change in administration, the government was requesting this appeal be expedited to receive a determination as fast as possible. How this issue will ultimately be resolved is still unknown. Employers should continue to hold tight and maintain the course of action they have decided to take at this point.