For an Initial Consultation, call (917) 371-8000

Steven Mitchell
Sack

The Employee’s Lawyer®

Welcome to The Law Offices of Steven Mitchell Sack

Enforcing the workplace rights of thousands of employees, executives and sales reps for more than 44 years.

steven mitchell sack

FLSA Salary Increase Struck Down in Federal Court

A federal court in the Eastern District of Texas has struck down a recent Department of Labor (DOL) rule change that would have increased the income limit of people eligible for overtime under the Fair Labor Standards Act (FLSA). Under the court’s ruling, the overtime rule itself is unconstitutional, not only invalidating this rule change, but also a previous income increase. The net result is that fewer people will now be eligible for overtime pay in their current positions.

What Was This Rule?

The new rule change was originally issued by the Department of Labor in April 2024, which raised the income level at which people are eligible for overtime pay under the FLSA to $844 per week ($43,888 annually) effective July 1. An additional increase in the overtime threshold was set to take effect on January 1, increasing it to $1,128 per week ($58,656 annually). The rule was also set to increase the overtime limit every three years to keep up with inflation.

What Was the Lawsuit About?

The State of Texas, along with a number of other plaintiffs, sued to halt the implementation of this new rule. They filed a motion of summary judgment seeking to have the rule change declared illegal, claiming the DOL had exceeded their statutory authority under the FLSA. By trying to implement this rule, they claimed the DOL had gone against the language of the text, substituting their judgment for the plain language of the law.

What Did the Court Rule?

In its ruling, the court granted the motion for summary judgment against the DOL, invalidating the rule and declaring it unconstitutional. This means that not only are the future increases in overtime pay now gone, the increase that was implemented back in July is also retroactively invalidated. This means that significantly fewer people will now be eligible for overtime under the FLSA.

What is the Impact of the Ruling?

In the immediate sense, this ruling will cost many people overtime pay that they might have otherwise been eligible for. The ruling also undermines the authority of the DOL to make similar rules in the future. It may also cause problems for employers who already had made plans to change employee compensation in anticipation of these rules being implemented.

Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer with more than 44 years’ experience handling the many aspects of employment law. His new book, “Fired!: Protect Your Rights & FIGHT BACK If You’re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit,” is available in hardback, and contains valuable advice on dealing with employment and labor law issues. To purchase the book, feel free to contact Steven Sack at 917-371-8000 or visit the website at legalstratpub.com. To inquire about a legal matter, please feel free to contact attorney Steven Sack at 917-371-8000 or stevensackatty@hotmail.com.

    If you have experienced any of the below, fill out the form to the right to set up your FREE PHONE CONSULTATION:























    What’s Happening at The Law Offices of Steven Mitchell Sack

    new york lawyer
    new york lawyer awards
    new york lawyer blog

    Our Reviews and Client Feedback

    Steven is simply phenomenal! From the moment we first connected, I could tell we were cut from the same cloth. I am always direct with and relentlessly supportive of my collaborators and clients, and Steven is no different. He is a well-informed, no-nonsense, straight-shooter who does what’s necessary to yield favorable results, which is exactly what he did for me. I protect my colleagues, which is why I’ve already been referring them to him too. With Steven on your side, you can’t go wrong. He just won’t let you.
    Steve is awesome. Honest and tells it like it is. So happy I spoke with him.
    I can't recommend Steven Sack highly enough. He is an exceptional employment lawyer—knowledgeable, strategic, responsive, and incredibly effective. From our first conversation, I felt confident that I was in the best possible hands.

    Steven achieved an outcome that far exceeded my expectations and brought an enormous sense of relief during an incredibly stressful time. His expertise, professionalism, and ability to navigate a difficult employment matter were truly outstanding.

    If you're looking for an employment attorney who is experienced, compassionate, and delivers results, I would wholeheartedly recommend Steven Sack.
    From my very first conversation with Steven, I knew I was in good hands. He took the time to truly listen to my situation, made me feel heard, and immediately gave me confidence that I had the right team on my side during one of the most difficult times in my life. One gesture that I’ll never forget was when he sent me a copy of his book with a thoughtful handwritten note. It wasn’t something he had to do, but it showed the kind of person he is and how much he genuinely cares about the people he represents. His guidance went far beyond legal advice. I can’t say enough about how grateful I am for Steven and the decades he has dedicated to advocating for his clients. It’s clear that this isn’t just a profession for him. He truly cares about helping people move forward. I feel incredibly fortunate to have been one of his clients, and it was an honor to work with him. I’m deeply grateful for everything he did for me and would recommend him without hesitation.
    Steve was great. He really cares about his clients. He always takes your calls, is on top of every detail. His follow through is second to none. I would absolutely highly recommend him!

    Testimonials

    Read More

    Skip to content