Federal Court Blocks New FLSA Overtime Rule

A federal judge in Texas has granted a nationwide temporary injunction in response to a lawsuit filed by 21 states, including Ohio, to challenge the new Fair Labor Standards Act (FLSA) overtime rule. The court agreed with the plaintiff states that the new rule could cause irreparable harm if it was not stopped before it was scheduled to go into effect on December 1, 2016, saying that the Department of Labor (DOL) exceeded the authority it was delegated by Congress in issuing this overtime rule.

Under the new overtime rule, “white collar” salaried employees not otherwise exempt from overtime pay would be eligible for overtime pay if their weekly salary is less than $913, which equals $47,476 when calculated on an annual basis – doubling the previous salary threshold.

Although application of the new rules has been stayed, school districts should continue to track eligible employees’ hours and maintain meticulous payroll records. They should also require that employees submit time records.

Districts should be mindful that the new rule would affect only the salary threshold component of the overtime-exemption test – a two-part test that requires that employees meet the salary threshold as well as perform duties that are exempt under FLSA. Therefore, employees who meet the lower salary threshold ($23,660 annually) must also perform exempt duties for the overtime exemption to apply. Employees who perform nonexempt job duties are eligible for overtime regardless of their salary.

Ennis Britton attorneys are available to help with any questions regarding the overtime rule, the injunction, which employees are affected, how to maintain payroll records, and how the two-part salary–duties test applies.

2018 Requirements for High School Diploma

Beginning with the class of 2018, Ohio’s graduation requirements will change. In addition to the state’s academic curriculum requirements, which have not changed, students must fulfill an additional requirement to earn their high school diploma. Students have three options to choose from to fulfill this additional requirement. (Note: The Ohio Graduation Tests are still in use for the class of 2017; however, these students may use the new end-of-course tests to satisfy the testing requirement.)

  1. Ohio’s State Tests: Meet the minimum number of points on end-of-course tests

Under this option, students must accumulate at least 18 total points on the seven state tests, with a minimum number of points in each of the three subject areas. The points given for each test range from 1 (limited performance level) to 5 (advanced performance level).

Subject Area

Courses Tested

Number of Tests

Minimum Points Required

Points Possible

English English I 2 4 10
English II
Math Algebra I or
Intermediate Math I
2 4 10
Geometry or
Intermediate Math II
Science and Social Studies Biology (or Physical Science – 2018 only) 3 6 15
American History
American Government
Additional points required from any of the above tests 4
Total Points 18 35

This option gives students flexibility in which subject areas to earn points – as long as the minimum number of points is met in each subject area. Thus, a high score in one subject area can help to offset a lower score in another subject area.

Retakes: Students may retake any test anytime during the student’s academic career within the testing window offered by ODE.

Alternatives for Science and Social Studies tests: Instead of taking the state’s end-of-course tests in Science and Social Studies, the following alternative options are available:

  • Advanced Placement or International Baccalaureate courses: The tests offered in these courses will substitute for the end-of-course tests.
  • College Credit Plus courses: The grade earned in the college course will determine the number of points credited to the test.


  1. College Readiness Tests: Meet the minimum scores on the ACT or SAT test

Under this option, students may meet or exceed the minimum score requirements on the ACT or SAT tests. (Note: These minimum scores are known as “remediation-free” scores, which are set by Ohio’s college and university presidents; therefore, they are subject to change.)



Subject Area Minimum Score Subject Area Minimum Score
English 18 Writing 430
Math 22 Math 520
Reading 22 Reading 450


  1. Industry Credential and Work Readiness: Earn an industry credential and meet the minimum score on the WorkKeys test

Under the credential option, students graduate high school ready to enter the workforce with a job skill that Ohio employers need right now. Students must earn a minimum of 12 points from an approved, industry-recognized credential or group of credentials in a single career field, and then score 13 or greater on a job-skills test, WorkKeys, which shows their work-readiness in that job.

Students can choose from 13 career fields:

  • Agriculture
  • Arts and Communications
  • Business and Finance
  • Construction
  • Education and Training
  • Engineering
  • Health
  • Hospitality and Tourism
  • Human Services
  • Information Technology
  • Law and Public Safety
  • Manufacturing
  • Transportation

WorkKeys Test

Subject Area Minimum Points Required
Reading 3
Applied Mathematics 3
Locating Information 3
Additional points required from any of the above areas 1 (class of 2018 and 2019)
2 (beginning class of 2020)
Total Points 13 (2018/2019)
14 (2020)