Unitil Service Corp. can try again to convince the First Circuit its workers are exempt from overtime after the appellate court agreed to rehear the case less than two months after ruling for the Labor Department.

The panel that issued the January decision reviving DOL’s wage-and-hour enforcement action did so using a “novel interpretation” of one of the administrative employee overtime exemption test’s prongs, making it harder to meet, which conflicts with circuit precedent, Unitil Service said in February. The US Court of Appeals for the First Circuit agreed to panel rehearing Wednesday.

DOl accuses Unitil Service, a subsidiary of ...

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