Insights
Andrea Kirshenbaum and Darren Creasy Examine Efforts to Enjoin the DOL's Final Rule on Salary Exemptions for The Legal Intelligencer on Oct. 3
In an October 3 article for The Legal Intelligencer, Employment Principals Andrea M. Kirshenbaum and Darren M. Creasy examined lawsuits filed on September 30, 2016 by 21 states, the U.S. Chamber of Commerce, and numerous business groups. The lawsuits seek to enjoin the DOL's Final Rule on new minimum salary thresholds for the “white collar” exemptions to the Fair Labor Standards Act’s (FLSA) overtime requirements from taking effect on December 1, 2016.
The authors note:
"Notwithstanding the filing of these...legal actions...employers should continue to proactively assess their current pay practices to determine the operational and financial impact of the DOL's Final Rule. In most cases, that means exempt employees’ salaries must be increased to meet the revised salary basis, or that such employees will become nonexempt and therefore overtime eligible."
Related Resources:
- "Overview of the Department of Labor's Overtime Rules and Impact on Hospitality Employers," Pennsylvania Health Care Association Webinar (July 12, 2016)
- "Employers Need to Assess Impact of DOL's Final Overtime Rule," The Legal Intelligencer (May 20, 2016)
- "Department of Labor Announces Final Overtime Rule," Post & Schell EFlash (May 18, 2016)