Judge Strikes Down Obama Administration's Overtime Rule

A federal judge in Texas on August 31 invalidated the Obama Administration's controversial rule expanding the number of employees that are entitled to overtime pay.  The focus of the judge's opinion was the fact that the rule -- which would have increased the minimum salary threshold for overtime pay from approximately $23,000 per year to approximately $47,000 per year -- insufficiently considered whether employees actually perform "white collar" jobs and thus should be exempt from overtime.  
 
The rule, which was initially scheduled to go into effect in December 2016, was placed on hold in November 2016 by the same judge who issued the August 31 opinion. 
 
The Trump Department of Labor, meanwhile, is currently examining regulations governing overtime pay eligibility and has asked for public comment regarding what changes, if any, are necessary.  It is expected that the Administration will ultimately increase the salary threshold by a more modest amount than the Obama Administration's rule.  The Trump Administration is not expected to tie the salary threshold to inflation, another controversial component of the Obama regulation.
 
NATSO will be filing comments with the Department of Labor outlining its members' positions on the overtime regulations. 
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David Fialkov

David Fialkov is the Vice President of Government Relations, as well as the Legislative and Regulatory Counsel, at NATSO. In this capacity, Mr. Fialkov direct's NATSO's legislative, regulatory, and legal strategy on a range of issues, including transportation, energy and fuels, labor, data security, and taxes. Mr. Fialkov also oversees NATSO's political engagement program, including individualized legal and political counsel to member companies. Prior to joining NATSO, Mr. Fialkov was the senior associate in the Government Affairs and Public Policy practice at the law firm of Steptoe and Johnson in Washington, D.C. At Steptoe, Mr. Fialkov advised clients on legislative, regulatory, and political issues, as well as legal concerns. His primary clients included trade associations representing the motor fuel wholesale and retail industries, including the National Association of Convenience Stores and the Society of Independent Gasoline Marketers of America. Mr. Fialkov's focus was not only on the motor fuels business, but also the litany of other issues that retailers confront, including labor matters, foodservice issues, healthcare and employment issues, tax matters and data security. Prior to joining Steptoe, Mr. Fialkov graduated with honors from George Washington University Law School. He received his B.S. Summa cum laude with highest honors from Clark University in Worcester, MA. He lives in Washington, D.C. with his wife Allison and daughter Lilah. More
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