On October 30, 2017, The U.S. Department of Labor confirmed it intends to “undertake new rulemaking with regard to overtime.” Additionally, the DOL has also filed an appeal of the district court’s order holding the prior overtime rule invalid. In its appeal, the DOL requests that the Fifth Circuit hold the appeal in abeyance while the DOL undertakes further rulemaking to determine what the salary level should be. It is expected the new salary level will be in the low $30,000 range. In July of this year, the DOL published a Request for Information regarding a new overtime rule. The DOL received over 140,000 comments regarding the overtime rule. We will continue to monitor this situation and will update you as new development occur.
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