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2016 FSLA Changes Remain on Hold


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    fsla-changesOn November 22, 2016, a federal court in Texas issued a temporary injunction barring implementation of the Department of Labor’s (DOL) Fair Labor Standards Act (FLSA) regulations that were intended to take effect on December 1, 2016. The court found that the DOL exceeded its delegated authority from Congress and ignored Congress’s intent by raising the minimum annual salary to such a high level that it replaced the duties test.

    On December 1, the DOL filed an appeal and also requested an expedited review of the injunction.  On December 8, 2016, the Fifth Circuit Court of Appeals ruled in favor of the DOL’s request for an expedited appeal process.  Final briefs are due on January 31, and oral arguments may be scheduled for the week of February 7.

    At this time, the University of Miami will:

    • Continue holding on implementing the 2016 FLSA regulation changes until further guidance is received from the federal government. We are hopeful that we will have further guidance in late February/March.
    • Review National Institute of Health (NIH) guidelines for postdoctoral associates, as NIH hasprovided further guidance regarding their new compensation structure.

    To review some Frequently Asked Questions, click here.  Questions regarding FLSA changes should be forwarded to Cristina Elgarresta, associate vice president, Total Rewards at celgarresta@miami.edu.

     

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