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BREAKING: It’s Over! USDOL’s Overtime Appeal Is Dismissed

Yesterday, the U.S. Court of Appeals for the Fifth Circuit granted the unopposed motion of the U.S. Department of Labor to dismiss as moot the appeal in the “overtime case” of Nevada v. U.S. Department of Labor. The Fifth...more

Cheryl Stanton Nominated For Wage Hour Administrator

Bloomberg BNA reported Friday evening that President Trump has nominated Cheryl Stanton of South Carolina as Administrator of the Wage Hour Division of the U.S. Department of Labor. Ms. Stanton is currently executive director...more

NC “Employee Classification” Law Warrants Caution But Doesn’t Change Substantive Law

On August 11, Gov. Roy Cooper signed into law the North Carolina Employee Fair Classification Act. The portion of the legislation that deals with worker classifications will take effect December 31....more

DOL Asks For Feedback On Salary Levels In Overtime Rule

The U.S. Department of Labor has issued its promised Request for Information on the salary levels in the Obama Administration’s overtime rule. The RFI was published in yesterday’s Federal Register. Comments are being accepted...more

Senate Hearing On Labor And Employment Nominees Set For Today — But Will It Happen?

The Senate is scheduled to hold a “combined” confirmation hearing starting at 9:30 a.m. Eastern today on three Trump nominees for labor-and-employment-related positions: Marvin Kaplan and William Emanuel, both of whom have...more

Well, That’s Weird. Trump DOL Will Pursue Appeal Of Overtime Decision

The U.S. Department of Labor submitted its brief today in Nevada v. U.S. Department of Labor, the case involving the challenge to the Obama Administration’s overtime rule. Some very quick background: The overtime rule,...more

U.S. Department Of Labor Withdraws Obama Guidance On Independent Contractors, Joint Employment

The U.S. Department of Labor announced today that it has withdrawn informal guidance issued by the Obama Administration related to independent contractors and joint employment. The guidance on independent contractors was...more

Trumpdate: Proposed Budget Shows “Yuuuge” Changes Afoot In Labor And Employment Arena

Yesterday, the Trump Administration released its proposed budget for Fiscal Year 2018, which runs from October 1, 2017, through September 30, 2018. Here are the highlights related to labor and employment law, and there are a...more

Proposed Merger Of EEOC, OFCCP Faces Opposition From Both Sides

Last week, I wrote about a report in Bloomberg BNA that the Trump Administration was thinking about letting the Equal Employment Opportunity Commission “absorb” the Office of Federal Contract Compliance Programs. The idea had...more

10 habits of highly effective HR professionals (April Fool’s edition)

DEAR READERS: Before you accuse me of legal malpractice, take a look at tomorrow’s date. Habit 1: Discriminate, retaliate, harass — have a ball! There’s a new sheriff in town, with a more employer-friendly,...more

Trumpdate: Tons of employment-related stuff!

The employment law week in Trumpland started out a little slow, but now we’re back in business. Acosta looking good for confirmation as Secretary of Labor. In contrast to nominee Andrew Puzder, the outlook appears good...more

BREAKING: Puzder expected to withdraw!

Bloomberg BNA reports this afternoon that Andrew Puzder, President Trump’s nominee for Secretary of Labor, IS going to withdraw from consideration. Please stay tuned! UPDATE (4:12 p.m. EST): It’s now official....more

Trumpdate: What Do You Think About Andrew Puzder And His “Scandals”?

The confirmation hearing for Andrew Puzder, President Trump’s nominee for Secretary of Labor, is supposed to take place tomorrow. While we wait to see what happens, I thought it might be fun to open a comment thread so we can...more

Daily Trumpdate: DOL Requests Extension In Overtime Case

Dum-da-dum-dum! Bloomberg BNA reports that the U.S. Department of Labor, which is the defendant in a lawsuit challenging the rule regarding white-collar exemptions to the overtime provisions of the Fair Labor Standards...more

Trump Quickies: Regulatory Freeze, “Listening Session” With Unions, Puzder Status

We’ll try to keep you up to date with the latest labor and employment law news from the Trump Administration via a series of mini-posts as news develops. According to Politico‘s Morning Shift, “President Trump ordered...more

Quick Update On The FLSA Overtime Rule

Judge Amos Mazzant, who preliminarily enjoined the U.S. Department of Labor overtime exemption rule in November, has now refused to stay (postpone) further proceedings in the case....more

Fact Check: Does Labor nominee Puzder really want to put people out of work?

The Senate confirmation hearing for Andrew Puzder, President-Elect Trump’s nominee for Secretary of Labor, will reportedly take place this Wednesday, January 12. Mr. Puzder’s nomination is vigorously opposed by employee...more

Trump To Nominate Fast Food Exec Andy Puzder As Secretary Of Labor

Sources within President-Elect Donald Trump’s transition team said today that Mr. Trump’s nominee for Secretary of Labor would be Andy Puzder, Chief Executive Officer of CKE Restaurants, Inc., which includes Hardee’s and...more

What Should Employers Do About Overtime Now? Ask The Wage-Hour Lawyers.

As most readers know, the U.S. Department of Labor’s overtime rule, which was set to take effect yesterday, was preliminarily enjoined (temporarily blocked) on November 22 by U.S. District Court Judge Amos Mazzant III. The...more

Breaking: OSHA Reasonable Reporting Procedure Rule Is NOT Enjoined!

Which means the rule will be enforced starting day after tomorrow, December 1. Judge Sam A. Lindsay of the Northern District of Texas found in TEXO ABC/AGC, Inc. v. Perez that the plaintiffs challenging the rule had...more

Employers Can Breathe A Sigh Of Relief Come December 1: Court Strikes Down Overtime Rule

The new regulations that would have more than doubled the salary threshold for Administrative, Executive, and Professional exemptions from the minimum wage and overtime requirements of the Fair Labor Standards Act – due to...more

BREAKING: Overtime Rule Has Been Enjoined!

Judge Amos Mazzant has issued a nationwide preliminary injunction blocking the U.S. Department of Labor’s overtime rule from taking effect as scheduled on December 1. I’m reading the decision now and will be back with details...more

Employment And Labor Law Developments (And A Few Other Things) I’m Thankful For

This has been a weird year for me. (And, no, I’m not even thinking about the election!) But I have much to be thankful for, and I hope you do, too. BREAKING THING TO BE THANKFUL FOR: Yesterday evening, the U.S....more

Everything’s happening in Texas!

Don’t mess with Texas. In Lubbock yesterday, Judge Sam R. Cummings permanently enjoined the U.S. Department of Labor’s Persuader Rule, which is great news for employers. The DOL can appeal to the U.S. Court of Appeals...more

BREAKING: 21 States Sue USDOL About FLSA Overtime Rule

Thanks to Law360 for alerting us to this! Straight from the courthouse to you — I haven’t even read this yet, but here is a copy of the lawsuit, which was filed today in federal court in the Eastern District of Texas....more

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