ARTICLE
28 November 2016

Changes To FLSA Overtime Exemptions Scheduled To Take Effect December 1, 2016 Blocked By Texas Court

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Reinhart Boerner Van Deuren s.c.

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Reinhart Boerner Van Deuren is a full-service, business-oriented law firm with offices in Milwaukee, Madison, Waukesha and Wausau, Wisconsin; Chicago and Rockford, Illinois; Minneapolis, Minnesota; Denver, Colorado; and Phoenix, Arizona. With nearly 200 lawyers, the firm serves clients throughout the United States and internationally with a combination of legal advice, industry understanding and superior client service.
The court held that the DOL does not have the authority to utilize a salary-level test or an automatic salary updating mechanism.
United States Employment and HR
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Late on November 22, 2016, the United States District Court for the Eastern District of Texas granted a nationwide preliminary injunction temporarily blocking the enforcement of the Department of Labor's ("DOL") changes to the Fair Labor Standards Act's ("FLSA") overtime exemptions scheduled to take effect December 1, 2016.  Reinhart previously reported on these changes in " Are You Ready?  Updates to FLSA Will Take Effect December 1, 2016."  The court held that the DOL does not have the authority to utilize a salary-level test or an automatic salary updating mechanism.  The DOL is anticipated to seek immediate appeal to the Fifth Circuit Court of Appeals to reverse the stay of enforcement.

Reinhart is monitoring this matter closely and will publish future e-Alerts should anything develop.  Please contact Rob Driscoll or Katie Triska for further guidance.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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