California Labor &
Employment Law Blog
Oct 25, 2016

New FLSA Overtime Regulations Face Legal Challenges

Topics: New Laws & Legislation, Wage & Hour Issues

As employers know, the final rule updating the federal overtime regulations was published in May 2016 and is scheduled to take effect December 1, 2016.  The biggest impact of the new rules is the huge increase in the minimum salary required to qualify as exempt from overtime under the FLSA’s executive, administrative, and professional exemptions.  Under the new rules, the minimum salary to qualify for exempt status is $47,476 (more than double the existing minimum) and is subject to further automatic increase on January 1, 2020 and every three years thereafter.  Industry groups have voiced strong opposition to the new rules, prompting members of Congress to introduce legislation seeking to delay implementation of the new rules by six months.  The House passed one such bill, HR 6094.  A similar bill has been introduced in the Senate.  However, President Obama has already vowed to veto these bills should they reach his desk.

Meanwhile, industry groups and a coalition of 21 states have filed two separate lawsuits in the Eastern District of Texas seeking to block the new overtime rules.  A motion for a preliminary injunction to halt the implementation of the new rules is set for hearing on November 16.   The industry groups have also filed a motion for summary judgment with a request for an expedited hearing before December 1.  Both lawsuits allege that the overtime regulations were issued in excess of applicable authority and should be declared unlawful and set aside.  Notably, these lawsuits are pending before the same District Court that just issued an order enjoining most aspects of the Obama administration’s Fair Pay and Safe Workplaces Executive Order (and implementing regulations) that was scheduled to take effect October 25, 2016.  

Importantly, as of now, the overtime regulations are still scheduled to take effect December 1, 2016, and employers are still urged to take steps to ensure timely compliance if they have not already done so.  This means that employers should review the compensation levels for their exempt executive, administrative, and/or professional employees employees to determine which employees’ salaries are below the new $47,476 threshold.  For employees whose compensation does not meet the new minimum salary threshold, employers should determine whether to (1) give the employee a salary increase to at least the new minimum; or (2) re-classify the employee to non-exempt and start tracking hours worked and paying overtime compensation in accordance with the FLSA and applicable state law(s).

We will keep you posted of any developments in these lawsuits or on the legislative front that impact the overtime regulations and/or their upcoming December 1 effective date. 

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For over 25 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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About the Editor

Robin Largent has a regular presence in California state and federal courts and has been lead defense counsel and appellate counsel for large and small California employers in litigation (and arbitration) ranging from individual discrimination and harassment claims to complex wage and hour representative and class actions. She also leads the firm’s appellate practice, having substantial experience and success handling appeals, writ petitions, and amicus briefs in both state and federal court on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act.
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