FLSA injunction hearing today, Nov 16

FLSA injunction hearing today, Nov 16

The updates to the Fair Labor Standards Act (which affects academic workers, including postdocs) are due to go into effect on Dec 1st, requiring either a minimum salary for those with non-exempt job duties of $47,476, or the use of timesheets and payment of overtime at time-and-a-half over 40 hours in a work week.

 

The ruling today faces the last challenge to its taking effect. A preliminary injunction hearing will take place today, to delay implementation of the ruling.

 

The challenge is generally though to have a low chance of succeeding, or perhaps partially succeeding if the challenge to the requirement to update the salary every 3 years alone is accepted, as that is not immediately pressing.

 

We have found that many institutions have implemented or are implementing salary raises. A delay now may simply be too late, and at the very least would create an interesting new landscape of postdoctoral salaries across the U.S. if institutions vary in their course of action.

 

The president-elect has not indicated any particular actions on the FLSA. If there is no delay imposed today, institutions must still be compliant on Dec 1st and for the intervening time period, or be in violation of federal law; this still applies even if the update is repealed, and there will be a three-year window in which employees can report violations that have occurred within that time period.

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