The NCSL Blog


By Lisa Soronen

A federal district judge in Texas has invalidated Obama administration overtime regulations that wManager oversees restaurant worker. (Photo: Tim A. Parker, for USA TODAY)ould have made it more likely states and local governments would have had to pay more employees overtime.

Under the Fair Labor Standards Act (FLSA), executive, administrative, and professional “white collar” employees do not have to be paid overtime if they work more than 40 hours a week.

Under Department of Labor (DOL) regulations, adopted shortly after the FLSA was adopted in 1938, employees must perform specific duties and earn a certain salary to be exempt from overtime as white collar employees.

On May 23, 2016, DOL issued final rules nearly doubling the previous salary level test for white collar employees from $455 per week, or $23,660 per year, to $913 per week, or $47,476 per year. The rules also automatically update the salary level every three years for white collar employees.

The Justice Department announced Tuesday it was dropping its appeal to save the rule.

According to Judge Amos Mazzant, DOL does not have the authority to adopt a salary test that effectively eliminates the duties test, which is what the final rule does. The text of the final rule explicitly says that those earning less than $913 will be eligible for overtime “irrespective of their job duties and responsibilities.” The court likewise concluded that the automatic updating mechanism is unlawful. 

In November 2016, Mazzant issued a nationwide injunction temporarily preventing the overtime rule from going into effect. On appeal of that ruling, the Trump administration did not defend the Obama salary level, only challenging the ruling to the extent that it appeared to say that DOL could not promulgate a salary test at all.

In his most recent ruling, Mazzant backed off of that position stating: “This opinion is not making any assessments regarding the general lawfulness of the salary-level test or the department’s authority to implement such a test.” Some have speculated the Trump administration will drop their appeal of the preliminary injunction in light of Mazzant’s more recent ruling.

This case, and the Obama regulations, may be over as Mazzant also rejected the Texas AFL-CIO’s request to intervene in the case and defend the Obama rule.

President Donald Trump's administration is expected to raise the salary test through regulations but not as high as the Obama rule. To that end, in July the Trump administration issued a request for information regarding the white collar exemption.

Lisa Soronen is executive director of the State and Local Legal Center and is a frequent contributor to the NCSL Blog on judicial matters.


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This blog offers updates on the National Conference of State Legislatures' research and training, the latest on federalism and the state legislative institution, and posts about state legislators and legislative staff. The blog is edited by NCSL staff and written primarily by NCSL's experts on public policy and the state legislative institution.