Bass, Berry & Sims attorney Tim Garrett provided insight for an article outlining the emergency motion filed by 21 states to bar the Fair Labor Standards Act (FLSA) overtime rule, set to take effect December 1, 2016. The new rule will more than double the salary level for those employees classified as exempt from overtime pay from the current level of $23,660 to the new level of $47,476, or $913 per week. In the motion filed this week, the 21 states are challenging the FLSA's new salary-level test. In the article, Tim states "I do not anticipate that the motion to delay the new salary level will be successful, other than perhaps in a manner specific to the state-plaintiffs."
The full article, "21 States File Emergency Motion to Bar FLSA Overtime Rule," was published on the Society for Human Resource Management (SHRM) website on October 14, 2016, and is available online.
To read additional analysis on this new rule, please read the Bass Berry Labor Talk blog post, "DOL Announces New Salary Level in Overtime Regulations."