It seems the issue just won’t go away, but there is still news to report on the Obama-era doubling of the overtime threshold ($23,660 to $47,476) regarding the ‘white-collar exemption’. The rule had been permanently enjoined by the federal court in Texas last year and that ruling was appealed by the Obama Department of Labor. Separately, the court ruled the methodology used in calculating the increase was critically flawed. In the wake of that ruling, the DOL under President Trump, asked permission from the court to drop the appeal as moot and the 5th Circuit Court of Appeals agreed this past week. The issue is now dead in the courts, however very much alive elsewhere! As we advised last month, the Department of Labor is accepting public comments on increasing the overtime threshold again, but likely to some amount less than the Obama administration adopted ($47,476). Those who wish to submit comments on the overtime regulation must do so by September 25, 2017 and can submit electronically at