Many thought that when the U.S, District Court in Texas ruled on Aug. 31, 2017, that the Department of Labor (DOL) had exceeded its authority when it increased the salary threshold for exempt employees, this would be the end of the story. But it’s not.
On Oct 30, 2017, the Department of Justice, on behalf of the DOL, filed a notice of appeal with the U.S. Court of Appeals for the Fifth Circuit challenging the district court’s ruling. While the DOL under the Trump administration is not satisfied with the new threshold set under the Obama administration, it wants to preserve its authority to set that threshold.
According to its press release, the DOL intends to file a motion asking the appellate court to hold its appeal in abeyance while it undertakes further review of the appropriate salary threshold. Stay tuned!
- Of Counsel
An of counsel attorney in the firm’s Detroit office, Claudia D. Orr exclusively represents and advises employers and management in employment and labor law matters.
Ms. Orr has an ever-growing practice in Alternative Dispute ...
Add a comment
Subscribe
RSSTopics
- Employment Liability
- Labor Law
- Employment Agreement
- Department of Labor (DOL)
- Wage & Hour
- National Labor Relations Act
- Noncompete Agreements
- Minimum Wage
- At Will Employment
- Contract Employees
- National Labor Relations Board (NLRB)
- Equal Employment Opportunity Commission (EEOC)
- Employment Discrimination
- Human Resources
- Fair Labor Standards Act (FLSA)
- COVID-19
- Americans With Disabilities Act (ADA)
- National Labor Relations Board
- Coronavirus
- Tax Law
- Family Medical Leave Act (FMLA)
- Federal Trade Commission
- Whistleblower Protection Act
- Regulatory Law
- Paid Medical Leave Act (PMLA)
- Civil Litigation
- OSHA Issues
- Settlements
- Title VII
- Retaliation
- Sick Leave
- Unemployment Benefits
- Workplace Harassment
- Contracts
- Transgender Issues
- Accommodations
- First Amendment
- Hostile Work Environment
- Business Risk Management
- Public Education
- ERISA
- Workers' Compensation
- Cannabis
- Department of Justice
- Medicare Issues
- LGBTQ
- Class Actions
- Sexual Harassment
- Garnishments
- Civil Rights
- Social Media
- Retail Liability
- RICO
- Emergency Information
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Department of Education (DOE)
- Title IX
- Medical Marijuana
- Right to Work
- Health Insurance Portability and Accountability Act (HIPAA)
- Diversity
- Union Organizing & Relations
Recent Updates
- Judge Strikes Down Federal Ban on Non-compete Agreements
- Michigan Employers Can Legally Resist Union Organizing Efforts
- Michigan Supreme Court Decision Reinstates Previous Versions of Wage Laws
- Union Power in Michigan: Is it Real or Imagined?
- Employers Should act Now to Address Rising DOL Salary Thresholds for Exempt Employees
- Is This the end of the Employee Non-Compete Clause?
- Tax Considerations When Settling an Employment Claim 2.0
- DOL Finalizes Rule Tightening Independent Contractor Test
- NLRB Finalizes Rule Broadening Joint Employer Test
- EEOC Issues New Proposed Enforcement Guidance on Harassment in the Workplace