Hey Compliance Warriors!
Just when we thought we knew what is going on with the Obama Overtime Rule, they change the game on us and reopen the appeals process. This argument is not in play because the DOL wants the Obama Rule to stand as is. However, the DOL is defending the August 2017 ruling that the salary level in the Overtime Rule exceeded the Department’s authority, and concluded that the Final Rule is invalid.
On October 30, 2017, the Department of Justice, on behalf of the Department of Labor, filed a notice to appeal this decision to the U.S. Court of Appeals for the Fifth Circuit. Once this appeal is docketed, the Department of Justice will file a motion with the Fifth Circuit to hold the appeal in abeyance while the Department of Labor undertakes further rulemaking to determine what the salary level should be.
Stay Tuned for Upcoming Developments.
Until Next Time, Be Audit Secure!