An ongoing lawsuit in federal district court is challenging whether the U.S. Department of Labor (DOL) can apply a salary requirement for workers who are exempt from overtime. The DOL defended its use of the salary test in recent court filings.
The lawsuit “seeks to invalidate the minimum salary threshold requirement of the Fair Labor Standards Act (FLSA) white-collar exemption regulations,” said James Coleman, an attorney with Constangy, Brooks, Smith & Prophete in Fairfax, Va. “While there would no doubt be appeals, and likely requests to stay any ruling pending appellate review, the implications for employers are enormous.
