Employment news reports that the Department of Justice (DOJ) has requested that the final determination concerning the implementation of the new overtime rule be delayed until the end of June. Now, the DOJ will have until June 30, 2017 to file its brief concerning the rule. The new overtime provisions would raise the salary threshold pursuant to the Fair Labor Standards Act (FLSA) to be considered exempt from $23,660 to $47,476, with additional increases slated for every 3 years. Many speculate that the extension may be the result of delays in confirming a new Department of Labor Secretary. Alexander Acosta has been nominated for the post following the withdrawal of Anthony Puzder. If confirmed, Acosta’s position on the amended overtime rule is unclear, however observers believe that he will enact some modifications to the current salary exemption threshold, likely somewhere in the middle.
Hopefully, some of the needed changes to the FLSA will be implemented. The low threshold denies many lower-wage salaried workers the opportunity to make overtime pay, which can add a significant amount to a worker’s pay check. Increasing the salary threshold will provide workers a greater opportunity to make ends meet.
As Atlanta wage and hour attorneys, we are closely following any legal development concerning this rule. If you have questions concerning your wages, the overtime rule, or any other wage and hour issue, please contact our knowledgeable FLSA lawyers for an immediate, confidential consultation.