As employers will recall, last year the Department of Labor (under the prior Obama administration) issued a new rule dramatically increasing the minimum salary to qualify for an exemption from overtime under the Fair Labor Standards Act. Shortly before the new rule was to take effect, a Texas court issued a preliminary nationwide injunction enjoining the new rule. The DOL appealed that ruling and the appeal has been pending (but is not yet decided) before the Fifth Circuit Court of Appeals. Meanwhile, the litigation before the Texas trial court has continued and on Thursday, the same judge that issued the earlier preliminary injunction granted summary judgment in favor of the state plaintiffs challenging the rule.