5th Circuit to Hear Overtime Rule Appeal Arguments on Oct. 3

The 5th U.S. Circuit Court of Appeals has set Tuesday morning, Oct. 3, as the time for oral arguments on the Obama-era overtime rule that was blocked by a federal judge days before it was to take effect this past December.

That rule would’ve doubled the salary threshold for exemption from overtime pay from $455 a week ($23,660 yearly) to $913 weekly ($47,476).

The Trump Department of Labor (DOL) will not defend the Obama salary levels but will argue that setting a salary threshold is allowable under the Fair Labor Standards Act (FLSA). The November 2016 ruling cited the use of a salary threshold as a reason to block the overtime rule, saying the DOL overstepped its legal boundaries in doing so.

The Trump DOL is already seeking public input on establishing a new overtime rule and is hoping to gain the authority to use salary threshold from the New Orleans court, considered the most conservative in the nation.


NOTE: The details in this blog are provided for informational purposes only. All answers are general in nature and do not constitute legal advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The author specifically disclaims any and all liability arising directly or indirectly from the reliance on or use of this blog.
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