Frequently Asked Questions
I understand the University has suspended the implementation of the FLSA overtime rule. Is this accurate?
On Tuesday November 22 a Texas federal judge granted a preliminary injunction against the Department of Labor’s planned increase in the FLSA minimum wage for non-exempt employees to $47,476 set to go into effect on December 1, 2016. As a result of the nationwide injunction, the University is suspending the implementation of the overtime rule pending a final court ruling.
Some employees were scheduled to receive salary increases to the minimum threshold and other employees were going to be reclassified from FLSA exempt to non-exempt and therefore be eligible for overtime. Is that still the plan?
No. For now, the overtime rule will not take effect on December 1 and therefore the University will continue to follow the existing overtime regulations. There will be no action taken to increase employee salaries to the new minimum threshold, and all current FLSA-exempt employees will remain classified as FLSA-exempt.
No. The overtime rule could still be implemented at a later date. A preliminary injunction is not permanent. It preserves the existing overtime rule until the court reviews the merits of the case objecting to the revisions to the regulations.
Yes. The Department said in a statement that it is currently considering all of its legal options.
The Department of Human Resources staff will continue to monitor the situation and will communicate to the campus community as the situation evolves.