Following up on our previous Alert, this is to advise that, yesterday afternoon, the Department of Labor (DOL) filed a Notice of Appeal in the case of State of Nevada et al v. USDOL. While not definitive, the filing of this Notice suggests that the DOL may, indeed, challenge the Texas federal court's November 22, 2016 issuance of a preliminary injunction blocking the implementation of the DOL's intended new rules regarding the FLSA salary threshold for exempt "white collar" employees. At this time, it is unclear whether the appellate court will hear the case on an expedited schedule or, for that matter, when a decision may be reached. We will, of course, continue to provide updates as additional information becomes available. In the meantime, it is important to understand that unless and until a decision is issued which overrides the pending injunction, the situation remains the same: The Court's injunction remains in place and the DOL's new rules are not in effect.
Note: On Monday, November 28, Venable presented a webinar outlining the DOL's intended new rules, and offering guidance on employers' next steps in light of the injunction. The webinar is available here.