Accessibility Tools

Skip to main content

Remember That New Overtime Rule That Was Going to Happen? Not Any More.

Written on .


Remember that Obama overtime rule that would have required employers to pay overtime to most salaried workers earning less than $47,476 annually (up from the current salary cutoff for overtime pay of $23,660)? Employers were struggling to find ways to deal with what would have been a significant change in wage and hour law. That struggle is over; the rule is effectively dead.

Last week, a federal judge in Texas struck down the rule. In his decision, Judge Amos Mazzant said the DOL overstepped its authority by focusing too heavily on workers' pay, rather than their job duties, to determine overtime eligibility. Then, on September 5, the Justice Department announced that it will not appeal the previous decision issued by Judge Mazzant that temporarily blocked the rule. However, it is still possible that the Justice Department could appeal the most recent ruling, perhaps to seek clarity on how and when the DOL can use workers' salaries for overtime eligibility determinations.

It has been reported that the Labor Department is already reconsidering the rule, and has asked for public comment. Labor Secretary Alexander Acosta has signaled that the DOL may issue a new rule with a more moderate salary threshold bump, potentially in the low $30,000 range. We will continue to monitor all developments.

Kathleen J. Jennings
Former Principal

Kathleen J. Jennings is a former principal in the Atlanta office of Wimberly, Lawson, Steckel, Schneider, & Stine, P.C. She defends employers in employment matters, such as sexual harassment, discrimination, Wage and Hour, OSHA, restrictive covenants, and other employment litigation and provides training and counseling to employers in employment matters.

Related Content

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.

Recent Content

A federal district judge in San Francisco on Monday temporarily blocked the Trump administration from terminating deportation protections f…
webinar promo graphic, Ideas for Coping with Labor Shortages in Light of Immigration Changes
In light of the massive enforcement efforts underway by the new Administration regarding unauthorized workers, including the termination of…
Silhouette worker
Recent changes in the composition of the National Labor Relations Board (NLRB), and government directives suggest the possibility of signif…
change neon sign
There’s a new Administration in DC, and things are changing rapidly. Executive Orders articulate new policies, there’s new leadership with…
a closet of color coordinated clothes
On his second day in office, January 21, 2025, President Trump issued an executive order titled:  “Ending Illegal Discrimination and Restor…
immigrants collecting crops
Trump's Executive Orders presently do not affect employees who are authorized to work at the present time but may affect any workers who ar…