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The meat of the ruling is on pages 12 & 13. The FLSA says "any employee employed in a bona fide executive, administrative, or professional capacity . . . as
by guelo 10y ago
The meat of the ruling is on pages 12 & 13.
The FLSA says "any employee employed in a bona fide executive, administrative, or professional capacity . . . as such terms are defined and delimited from time to time by regulations” is exempt from overtime.
The judge says that the minimum salary rule cannot be used to determine if an employee is exempt, even though the existing rule already uses minimum salary as a criteria. The law itself leaves it completely up to the regulator to define the criteria. So the judge invented a new limit on the regulator's authority that does not exist in the law.
- makomk 10y agoObama's overtime rule intentionally extended the threshold to cover employees who were employed in a bona fide executive, administrative, or professional capacity. The article mentions that more than 4 million workers would benefit - this was his administration's estimate of the number of such employees that would become non-exempt, used to justify the rule change. The previous salary threshold, on the other hand, was set at a level low enough that any employee earning below it was obviously employed in a non-exempt role.