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Déjà Vu: DOL Argues It Has Authority to Set Overtime Salary Threshold, Requests Input to Create New OT Rule

As many readers know, the Department of Labor's changes to the "white collar" or "EAP" exemption under the Fair Labor Standards Act have been one of the most publicized and impactful employment law issues of the last year. A Texas district court blocked the DOL from implementing and enforcing those changes with a preliminary injunction in November 2016. The Trump Administration recently decided to go forward with appealing that court's preliminary injunction. The DOL's recent reply brief argues that it has authority to set a...