On November 22, 2016, a federal judge in Texas placed an injunction on the Department of Labor’s overtime regulation. This injunction temporarily blocks the Department of Labor’s final rule, which would have increased the required salary level to $47,476 on December 1, 2016.
Under the Fair Labor Standards Act, an employer is not required to provide shift differential pay. However, if an employer chooses to do so, the differential pay must be included in the regular rate of pay for purposes of calculating overtime. Because shift differential pay is not required, employers are free to establish their own policies on shift differentials as long as they meet minimum wage and overtime law.