Takeaways
- The Trump DOL has officially notified the Fifth Circuit that it intends to reconsider the 2024 final rule raising the FLSA salary level for “white collar” exemptions.
- It has asked for a litigation stay pending the agency’s further reconsideration of the rule.
- District courts had enjoined the 2024 final rule, but the Biden DOL appealed the case to the Fifth Circuit.
Article
Employers were granted a reprieve last fall when a federal court invalidated the U.S. Department of Labor’s (DOL’s) final rule increasing the minimum salary requirements for the “white collar” or “EAP” exemptions (executive, administrative, and professional) from the minimum wage and overtime pay requirements of the Fair Labor Standards Act (FLSA).
The DOL under the Biden Administration, however, appealed the decision to the U.S. Court of Appeals for the Fifth Circuit, leaving room for uncertainty whether the final rule might be resurrected. Recently, though, the DOL asked the appeals court to hold the case in abeyance as it reconsiders its next move.
Minimum Salary Rule
The 2024 minimum salary final rule took effect July 1, 2024. It sharply increased in two stages the salary threshold an employee must be paid for a white-collar exemption to apply. The first increase took effect July 1, raising the threshold from $684 per week ($35,568 per year) to $844 per week ($43,888 annually). The second, more substantial increase was slated to take effect Jan. 1, 2025. That would have boosted the...
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