The Future Of FLSA's Revised White Collar Exemption

By James C. Cunningham Jr., Berger Singerman LLP (December 9, 2016, 3:39 PM EST) -- In an order handed down on Nov. 22, 2016, a Texas federal district court enjoined from going into effect the federal U.S. Department of Labor's 2016 revisions to its rule defining white collar exemptions under the Fair Labor Standards Act. The revisions, which were to take effect Dec. 1, 2016, required any employee classified as exempt from the FLSA to be paid at least $913 weekly ($47,476 annually); raised the highly compensated employee (HCE) base salary to $134,004 annually; and created automatic periodic adjustments to the minimum weekly salary and HCE base. The DOL had been developing the revisions since 2014 and estimated that 4,200,000 workers would be impacted by them. The injunction applies nationwide....

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