Employers who have been anxiously awaiting an answer as to whether the Department of Labor (“DOL”) will continue to defend the Obama Administration’s controversial overtime rule that was temporarily blocked by a federal court finally have their answer – or, at least a partial answer. In a recent filing with the Fifth Circuit, the DOL clarified that it will no longer defend the Obama era rule that would have more than doubled the salary requirement for employees to meet the FLSA’s overtime exemptions. Nevertheless, employers should not be too quick to celebrate.
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