More Time for Internal Job Valuing and Exempt and Non-Exempt Status Reviews – FLSA Overtime Rule Appeal Delayed Until May 1st

The Trump administration’s second request to delay a federal court’s appeal on the November 2016 Fair Labor Standards Act (FLSA) overtime regulation injunction was granted last week by the court.  On Feb. 22, the U.S. Fifth Circuit Court of Appeals granted the U.S. Department of Justice’s (DOJ) Feb. 17 request to delay submitting its final brief for another 60 days, citing a need to “allow incoming leadership personnel adequate time to consider the issues.”

The DOJ now has until May 1 to file its response. The additional time will allow the new U.S. Department of Labor Secretary to decide the Trump administration’s formal response and position on the Obama-era overtime regulation. It also leaves employers still uncertain about their work done last year to meet the original Dec. 1, 2016, compliance deadline to begin a $47,476 salary level threshold.

With the additional time for the December 1, 2016 FLSA Overtime Rule to be vetted by the new U.S. Department of Labor Secretary, employers have time to internally evaluate exempt and non-exempt positions based on internal job valuing systems that help to narrow the number of positions that need to go through the FLSA exempt classifications’ tests.

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