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Emphasizing that the Department of Labor has used a minimum salary requirement to help decide who is overtime-eligible, the Fifth Circuit Court of Appeals recently determined that the Fair Labor Standards Act authorizes this benchmark.
As it had done many times before, the DOL determined in 2019 to raise the minimum salary required to qualify for the executive, administrative, and professional employee exemption, also known as the EAP or white collar exemption, from $455 per week to $684 per week, an increase of 50.3%. But then a small business owner sued the DOL, arguing that the 2019 Rule exceeded the DOL’s