While the ruling has national significance, the Department of Labor under President Trump has issued a Request for Information and may issue a new proposed rule in the coming months. NBOA and NAIS sent a survey to all member schools on August 17 and are currently shaping a joint response to the RFI that they will submit by DOL’s deadline of September 25.
“Although the decision may be appealed, this ruling brings much needed clarity to the fate of the higher salary threshold, which had been uncertain since the same Texas court issued a national injunction in November 2016,” said Grace Lee, NBOA’s vice president of legal affairs. “However, we may see a new set of proposed regulations under the Trump administration. The recent Request for Information is one indication that new changes, including a smaller salary level increase, may be forthcoming. In the meantime, independent schools may continue to use the existing federal overtime threshold of $23,660.”
NBOA has been tracking this issue for well over a year. See these links on NetAssets.org for related information:
- Schools Asked to Weigh in on FLSA/Overtime Scramble
- FLSA Salary Threshold Likely to Drop Under New Administration
- FAQs About the New Overtime Rule
- Comments Open for Overtime Rule's Undoing
- End of the Road for New Overtime Threshold?
- Higher Ed's Response to the FLSA Injunction
- Fate of the Overtime Rule
