Today, the a Judge in the District Court for the Eastern District of Texas
said no to the power of the Department of Labor (“DOL”) to implement the
regulations which would have, among other things, double the salary required to be paid to an employee in order to be exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (“FLSA”) that were to go into effect on December 1, 2016.
The lawsuit (State of Nevada, et al. v. United States Department of Labor, 4:16-CV-00731; (E.D. Tex. November 22, 2016)) was filed by a number of states, Georgia included, to enjoin the DOL December 1, 2016 regulatory actions. Federal Judge Mazzant entered a preliminary injunction prohibiting implementation of the DOL’s overtime rules. In doing so, Judge Mazzant stated that,
The State Plaintiffs have established a prima facie case that the Department’s salary level under the Final Rule and the automatic updating mechanism are without statutory authority.
Thus, although the injunction is preliminary and not permanent it certainly sounds like it will be permanent and is the law right now in any event.