Yesterday the U.S. Senate approved Alexander Acosta as Secretary of the U.S. Department of Labor by a vote of 60-38.  Click here to read more background information on Acosta.  Acosta’s nomination was previously approved by the U.S. Senate Health, Education, Labor and Pensions Committee by a 12-11 party line vote in March.

Chief among the issues awaiting Acosta is what position the DOL will take with respect to the new overtime rule announced by the Obama administration in 2016, which more than doubled the minimum salary threshold for the FLSA’s white collar exemptions to $47,476 annually.  After a District Court in Texas issued a nationwide injunction in December blocking the rule from taking effect, the case was appealed.  The U.S. Court of Appeals for the Fifth Circuit recently granted the government’s request for additional time to file its final reply brief.   Stay tuned.