In April a federal judge granted yet another and in fact the third extension for the U.S. Department of Labor (DOL) to take action in defense of a lawsuit challenging the final overtime regulations a.k.a. white-collar or EAP (Executive, Administrative & Professional) regulations. The DOL now has until June 30th to decide its next course of action.
Let's quickly refresh our memory.
- The new overtime regulations were poised to take effect on December 1, 2016. This was the rule that more than doubled the minimum salary test for determining exempt status from the current level of $455/week to $913/week.
- Just a few days before that effective date a federal judge issued a preliminary injunction blocking implementation of the new rule.
- The Obama Administration then filed an appeal.
- When the Trump Administration took over the DOL requested and was granted a 30-day extension to respond.
- The DOL was then granted a second extension to May 1, 2017.
- Now the DOL has been granted yet another extension through June 30, 2017.
Why? In its motion filed in April the DOL noted, "The due date was previously extended to allow incoming leadership personnel adequate time to consider the issues. The nominee to be Secretary of Labor has not yet been confirmed. Thus, the federal government respectfully requests an additional 60-day extension. In the meantime, the pending injunction could decided upon and either rescinded or a final injunction could be issued, which would block the rule altogether.
So?...Hurry up and wait. Time will tell the fate of the overtime rule, who's eligible for it and who's not.