Judge Amos Mazzant of the United States District Court for the Eastern District of Texas has issued a final decision invalidating the Department of Labor’s (DOL) overtime rule. Judge Mazzant was the same judge who had originally delayed the Fair Labor Standard Act (FLSA) from being implemented on its original December 1, 2016 start date.

The rule, which would have increased the salary threshold for employees eligible for overtime pay from $23,660 to $47,476, has been a source of much uncertainty for employers and employees over the past year and a half.

According to an article from the National Association of College and University Business Officers (NACUBO), “The singularly salary-based overtime threshold, in the court’s opinion, would unintentionally sweep in management-level workers for overtime eligibility when they were really meant to be exempt from overtime protections.”

The current DOL had begun taking steps revise the regulations by calling for public comment on potential changes to the rule. This call for comments remains open and the deadline to file is September 25. It is uncertain whether they will use these comments to make new revisions to the rule, including possible salary threshold raises. Continue to watch NIRSA news and NIRSA social media for updates.

For more information about policy and legislation issues, please reach out to a member of the Policy and Legislation Committee or NIRSA Director of Advocacy & Strategic Partnerships, Erin O’Sullivan.

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Erin O'Sullivan is currently the Director of Advocacy & Strategic Partnerships at NIRSA.