Department of Labor to Update Overtime Regulations

January Congruity

On an October 30, 2017, the U.S. Department of Labor (DOL) announced plans to undertake new rulemaking regarding overtime.

On July 26, 2017, the DOL published a Request for Information (RFI) regarding the Overtime Final Rule, which was published on May 23, 2016, asking for public input on what changes the department should propose. That comment period has ended and the department is reviewing those submissions.

On August 31, 2017, U.S. District Court Judge Amos Mazzant granted summary judgment against the DOL in consolidated cases challenging the Overtime Final Rule. The court held that the final rule’s salary level exceeded the department’s authority, and concluded that it is invalid.

On October 30, 2017, the Department of Justice (DOJ), on behalf of the DOL, filed a notice to appeal this decision to the U.S. Court of Appeals for the Fifth Circuit. Once this appeal is docketed, the DOJ will file a motion with the Fifth Circuit to hold the appeal in abeyance while the DOL undertakes further rulemaking to determine what the salary level should be.

Read the press release here:

https://www.dol.gov/newsroom/releases/osec/osec20171030