Overtime Appeal Oral Argument Scheduled for October 3

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
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The U.S. Court of Appeals for the Fifth Circuit will hold an oral argument in New Orleans on Tuesday, October 3, 2017, in a highly-watched case involving revised overtime regulations that were supposed to become effective last December

The controversial regulations would have more than doubled the minimum salary requirement for the major white-collar exemptions under the Fair Labor Standards Act (FLSA) from $455 per week to $913 per week. Annualized, that would have been an increase in the salary threshold from $23,660 per year to $47,476 per year. 

The regulations were scheduled to go into effect on December 1, 2016, but were temporarily enjoined on a nationwide basis by a federal judge in Texas just before Thanksgiving. That ruling resulted in this appeal to the Fifth Circuit.

As we previously reported on August 1, 2017, the Fifth Circuit had tentatively scheduled the oral argument for sometime during the week of October 2. On August 24, the court docket was updated to show that the argument will be held during the morning session on October 3 and will be in the West Courtroom in New Orleans.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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