21 States Challenge New White Collar Overtime Rule

Twenty-one states are challenging new overtime rules that increase the minimum salary requirements for exempt “white collar” employees. The rules are set to increase the minimum salary that an employee who is exempt from receiving overtime must be paid from $455 per week to $913 per week.

The US Department of Labor has been developing the regulations to correct abuses that allow poverty level salaries to be paid to supervisory employees. The regulations apply to those who are currently classified as executive, administrative, and professional white collar employees under the Fair Labor Standards Act (FLSA), and go into effect December 1, 2016.

The 21 states are Kentucky, Alabama, Arizona, Arkansas, Georgia, Indiana, Iowa, Kansas, Louisiana, Maine, Michigan, Mississippi, Nebraska, New Mexico, Nevada, Ohio, Oklahoma, South Carolina, Texas, Utah and Wisconsin. They claim as applied to state and local governments the regulations violate the 10th Amendment and constitute an unfunded federal mandate.

UPDATE:  11/22/16 – US District Court in Nevada issued a Preliminary Injunction against enforcement of the new White Collar Exemption regulations. Here is the ruling: nevada-v-dol-injunction-2016-11-22

 

About Curt Varone

Curt Varone has over 40 years of fire service experience and 30 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
x

Check Also

Iowa Firefighter Files Suit Alleging Discrimination

An Iowa City firefighter who has been on unpaid leave since 2021 has filed suit alleging sexual harassment, gender discrimination, and retaliation. Sadie McDowell filed suit in Johnson County District Court claiming she has been the victim of offensive behavior for most of her career.

FDNY Prevails in Discrimination Suit, Appeal Filed

An FDNY firefighter who claimed he was sexually assaulted and racially discriminated against when assigned to his first firehouse after the fire academy, is appealing entry of judgment in favor of the city. Gordon Springs filed suit against the city and several firefighters in 2017.