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THE AMERICAN HOTEL & Lodging Association is weighing all options, including litigation, to contest the U.S. Department of Labor's final rule revising overtime regulations under the Fair Labor Standards Act. The association is concerned that many hoteliers may be forced to eliminate longstanding managerial positions, which serve as crucial paths to career advancement. The updated rule features two-tiered increases in the minimum salary threshold and the threshold for highly compensated employees, along with automatic updates to both thresholds, DOL said in a statement. The minimum salary threshold will rise to $43,888 on July 1, followed by an increase to $58,656 on Jan. 1, 2025. This represent more than a 60 percent increase from the current $35,568 threshold, DOL said. The HCE threshold will jump to $132,964 on July 1, then to $151,164 on Jan. 1, 2025-an over 70 percent increase from the current $107,432 threshold, DOL added. The updated rule includes automatic updates to both the minimum salary threshold and the HCE threshold, which will be raised every three years.

FORMER AAHOA CHAIRWOMAN Jagruti Panwala testified recently before Congress on the Department of Labor's proposal to raise the overtime salary exemption threshold for executive, administrative, and professional employees under the Fair Labor Standards Act. Panwala, now a board member for American Hotel & Lodging Association, argued that the proposed change would actually limit hotel employees' opportunities and does not take into account economic differences between regions of the country. In August, DOL proposed raising the threshold from $35,568 to an estimated $60,209 in 2024 according to AHLA based on the department's projections. That equals a nearly 70 percent increase, and AHLA said that means all employees making under that amount must be paid overtime for any hours worked over 40 in one week. The DOL proposal also would automatically increase the threshold every three years thereafter based on the 35th percentile of earnings for full-time salaried workers in the lowest-wage census region, currently the South.

THE U.S. DISTRICT Court for the Eastern District of Texas on Nov. 15 struck down the Department of Labor's rule raising salary thresholds for overtime exemption under the Fair Labor Standards Act. The ruling vacates increases from $35,568 to $43,888 on July 1, with a planned rise to $58,656 by Jan. 1, 2025. Hotel associations, including AAHOA and the American Hotel & Lodging Association, welcomed the decision. U.S. District Judge Sean Jordan in Sherman, Texas, ruled that the 2024 rule "effectively eliminates" the evaluation of an employee's duties in favor of a "salary-only test" and that automatic threshold updates every three years violate federal rulemaking requirements. Jordan, appointed by President Donald Trump, emphasized the rule's overreach.