While the issue of whether employees are properly classified as exempt is always an issue that could potentially arise, exempt status is more likely to be called into question if and when the Department of Labor (DOL) goes forward with a proposed increase in the salary amount required to qualify as exempt. It has been reported that such a proposed rule could be issued in early 2019.

U.S. District Judge Amos Mazzant III of the Eastern District of Texas imposed an injunction against the rule Tuesday at the request of 21 states and several business groups.