NAHB Joins Lawsuit Challenging Department of Labor's New Overtime Rule

Labor
Published
Contact: Thomas Ward
[email protected]
VP, Legal Advocacy
(202) 266-8230

NAHB has joined a coalition of business groups in a lawsuit challenging recent changes to the Department of Labor’s overtime rules.

The complaint, filed in the U.S. District Court for the Eastern District of Texas, alleges that the Department of Labor (DOL) exceeded its statutory authority and acted arbitrarily and capriciously.

Under the Fair Labor Standards Act (FLSA), employers must pay their employees overtime wages for time worked beyond 40 hours each week. However, employees who perform bona fide executive, administrative or professional duties are exempt from the overtime pay requirements under the FLSA.

The DOL relies on a three-part test to determine whether an employee is exempt from overtime rules. To be exempt, the employee must:

  1. Receive a salary that does not vary based on the quantity or quality of their work;
  2. Receive a salary above an established minimum amount; and
  3. Perform primarily executive, administrative or professional duties.

Under the new rule, effective July 1, 2024, the salary threshold will increase from $35,568 to $43,888, and then to $58,656 on Jan. 1, 2025, marking a nearly 65% increase from the current salary threshold. Also, beginning July 1, 2027, salary levels will increase every three years automatically using updated wage data, and these triennial salary level increases will happen without a notice and comment period.

NAHB joined the coalition and lawsuit to prevent DOL from exempting itself from the notice and comment process, which would establish a dangerous precedent for other executive agencies.

Regulated parties often provide valuable knowledge and insight that improve final rules. Moreover, if agencies can issue and enforce new rules that have never been open for public inspection and comment, regulated parties have fewer opportunities to hold agencies responsible.

Additionally, this salary increase is so excessive that it overwhelms the original intent of the overtime exemption, which was to exempt employees in executive, administrative and professional jobs from overtime pay requirements. DOL created the salary level component through regulation to serve as a proxy for serious inquiry into the duties each employee performs. The salary level component of the test did not come from the FLSA, and by raising the salary threshold high enough to overwhelm the rest of the test, DOL is attempting to override the intent of Congress.

While the lawsuit is in process, NAHB is holding a free webinar on Wednesday, June 26, at 1 p.m. ET to better help members understand their obligations under the new rules.

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

Sustainability and Green Building | IBS

Jul 22, 2025

2026 IBS Sustainability & Green Building Scholarship Application Now Open

The NAHB IBS Sustainability and Green Building Scholarship aims to provide emerging green builders exposure to the world of high-performance homes and help them jump-start their professional journey by attending the International Builders’ Show (IBS).

Housing Finance

Jul 21, 2025

House Bill Restores Funding for Several Housing Programs from Trump Budget

The House Appropriations Committee has voted to restore funding for key housing programs that President Trump eliminated in his “skinny budget,” such as housing choice vouchers, project-based rental assistance and the Community Development Block Grant (CDBG) program.

View all

Latest Economic News

Economics

Jul 22, 2025

Top 10 Builder Market Share Across Metros

An earlier post described how the top 10 builders in the country captured a record 44.7% of new single-family closings in 2024. BUILDER Magazine has now released additional data on the top ten builders within each of the 50 largest new home markets in the U.S., ranked by single-family permits.

Economics

Jul 21, 2025

Use of Private Water and Sewer Systems in New Single-Family Homes

The share of new single-family homes built with individual septic systems declined slightly in 2024 compared to the previous year, while the share of homes served by private wells remained steady.

Economics

Jul 21, 2025

Sales of Lower-Priced New Single-Family Homes Declined Over the Past Five Years

From 2020 to 2024, sales of lower-priced new homes declined significantly as the market moved toward higher-priced segments. Rising construction costs—driven by inflation, supply chain disruptions, and labor shortages—as well as higher regulatory costs, made it increasingly difficult for builders to construct affordable homes.