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The injunction on the Obama administration’s Final Rule for changes to FLSA exemptions is now final. Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas awarded summary judgment against the Department of Labor (DOL) in State of Nevada et al., vs U.S. Department of Labor et al. Among other issues, this case focused on the whether the DOL has the authority to implement regulations under the FLSA that would more than double the salary threshold for FLSA exemptions. Judge Mazzant determined the Final Rule invalid because it is not based on permissible construction of the FLSA. In addition, the judge also concluded the Final Rule provision to create automatic updates to the salary threshold every three years to be “unlawful.” For now, the current salary threshold for FLSA overtime rules remains at the current $455 per week, though changes could be on the horizon.
