October 02, 2017 Department of Labor’s Revised Overtime Rules Invalidated
KEEPING YOU INFORMED…
We previously advised you that a nationwide preliminary injunction had been issued prohibiting the U.S. Department of Labor from implementing Fair Labor Standard Act (“FLSA”) regulations first issued on May 23, 2016. Those regulations have now been invalidated by a federal court judge. Had they been implemented, more employees would have been eligible for overtime based upon increases to the salary thresholds needed to qualify as an exempt employee. As a result of this decision, you should continue to abide by the pre-existing FLSA and New York overtime rules regarding exemptions.
We will continue to update you regarding any changes or additional information we receive about this decision and whether an appeal is ultimately taken by the DOL. If you have questions regarding whether your employees are FLSA exempt, please contact Gregory A. Gillen at gg@lambbarnosky.com, or one of our other attorneys.
THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.
© Lamb & Barnosky, LLP 2017