New DOL Overtime Rule Still under Dispute

The proposal by DOL to increase the annual salary threshold for exemption under the FLSA from $35,568 to $55,068 is facing much push-back (understandably) from the business community, including the possibility of lawsuits (which were successful against DOL’s proposal of a lower threshold in 2016), and now a congressman from Missouri has introduced a bill to prohibit DOL from imposing that new level unilaterally. Further challenges are expected, but some attorneys are advising their clients to be ready for the new level should it be enacted.