Civil Remedies Labor & Employment

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The Peculiar “Personnel-ity” of California Personnel File Inspection Laws

Seyfarth Synopsis: Within the last few years, the California Legislature has amended laws related to an employee’s right to inspect personnel records, intending to ensure employees have access to those records. Since then,...more

Recent Developments Following the Issuance of an Injunction Against the DOL's Implementation of New Overtime Regulations

As expected, on Thursday, December 1, 2016, the United States Department of Labor (“DOL”) filed a notice of its appeal to the United States Court of Appeals for the Fifth Circuit of a preliminary injunction blocking the DOL...more

DOL Requests Expedited Ruling on Appeal of Preliminary Injunction, But Appeal Will Not Be Decided Before Trump Administration...

On December 2, one day after filing its appeal of the preliminary injunction blocking its new salary basis regulations, the DOL filed a request for expedited briefing and oral argument in the appeal. The DOL has requested...more

Having Election News Withdrawal?

Supreme Court Decides Case on Protected Political Activity in Public Employment - Some of us may have had enough of all things election by now. But the United States Supreme Court decided a case last April that...more

The New Salary Regulations: The Saga Continues

While employers took solace from the Nov. 22 nationwide preliminary injunction which blocked implementation of a controversial rule increasing the salary threshold for employees to be exempt from overtime, the battle is not...more

DOL Seeks Expedited Briefing on Appeal of Overtime Rule Injunction

On December 2, the U.S. Department of Labor filed a motion with the U.S. Court of Appeals for the Fifth Circuit seeking an expedited briefing schedule on its appeal of the district court injunction of the overtime rule that...more

Employment Law Navigator – Week in Review: December 2016

Last week was a big one for wage and hour law. The Department of Labor filed a notice of its intent to appeal the injunction stopping enforcement of its new FLSA overtime rule and asked the Fifth Circuit to expedite the...more

Exemption Rules Appeal Won't Be Resolved Before Obama Leaves Office

It looks like the U.S. Department of Labor’s appeal of the order blocking the new overtime exemption rules won’t be decided before President Obama leaves office. Under the Court of Appeals’ regular rules, the DOL’s opening...more

Texas Court of Appeals Finds Noncompete Agreement Inapplicable to Former President’s Post-Termination Activities Due to the...

On October 27, 2016, the Fort Worth Court of Appeals affirmed a lower court’s order denying an application for temporary injunction seeking to enjoin Thomas Musgrave, the former president of Henry F. Coffeen III Management,...more

Banking & Financial Services E-Note - November 2016

Employers across the country can now exhale. On Tuesday, November 22, 2016, a Texas federal court entered a nationwide injunction blocking the U.S. Department of Labor’s (“DOL”) new federal overtime rules from taking effect...more

Department of Labor Appeals Injunction Blocking New Overtime Rules

On December 1, 2016 – the day that the Department of Labor’s (DOL's) proposed white collar salary threshold regulations originally were supposed to go into effect – the DOL filed an appeal with the Fifth Circuit Court of...more

Not Dead Yet! DOL to Appeal Overtime Exemption Rules Injunction

Sorry employers, the ride’s not over yet. For those of you keeping track, the U.S. Department of Labor’s new overtime exemption rules were set to go into effect yesterday, December 1, 2016. However, on November 22, 2016, the...more

OSHA’s New Anti-Retaliation Workplace Illness and Injury Reporting Rule: How Employers Can Prepare

On November 28, 2016, the U.S. District Court for the Northern District of Texas denied a preliminary injunction that sought to block the nationwide implementation of the new Occupational Safety and Health Administration’s...more

Federal Court Denies Motion For Preliminary Injunction Of Anti-Retaliation Provisions of OSHA Reporting Rule

Yesterday, a federal judge denied a preliminary injunction filed by several businesses and business groups regarding the anti-retaliation portion of OSHA’s final rule regarding injury and illness reporting. As previously...more

Federal Judge Blocks Changes to Overtime Rules For Now

On November 22, 2016, a federal district court judge in Texas issued a nationwide preliminary injunction blocking the federal Department of Labor from implementing its final rule in respect of overtime compensation (the...more

DOL Oversteps Overtime Regulations

Just one month after the U.S. District Court for the Eastern District of Texas shut down a Fair Pay and Safe Workplaces final rule, the District Court has enjoined the implementation of the Department of Labor’s (DOL) final...more

The SEC’s Annual Report on the Dodd-Frank Whistleblower Program Shows Increased Activity

On November 15, 2016, the Securities and Exchange Commission (SEC) released its Annual Report on the Dodd-Frank Whistleblower Program. The Whistleblower Program was established by Section 21F of the Dodd-Frank Act, which...more

Seventh Circuit Rejects False Claims Act and Retaliation Claims Premised on Purported Breach of Contract

On October 11, 2016, the Seventh Circuit confirmed that there is no violation of the False Claims Act (“FCA”) where the defendant allegedly violated a self-imposed requirement that was not mandated by its contract with the...more

The Department of Labor’s New OT Rule Put on Hold

It seems that the US. Department of Labor (DOL)’s highly-anticipated overtime rules changes have been put on hold—and, quite possibly, on ice. On November 22, 2016, just days before the new rules were set to take effect...more

Texas Court Declines to Enjoin OSHA's Anti-Retaliation Rules

In the last few weeks, federal courts in Texas have been the center of attention, deciding what rules and regulations of the current administration may fall to legal challenges asserted in the jurisdiction by collections of...more

Federal Judge Refuses to Block New OSHA Anti-Retaliation Rule from Taking Effect Tomorrow

A federal judge has refused to issue a preliminary injunction to block OSHA’s new anti-retaliation and discrimination rule from taking effect as scheduled. This means that tomorrow, December 1, the rule prohibiting employers...more

New York Employers Take Note: Federal Court Injunction Blocking the Federal Overtime Regulations Means Little in New York

Proposed New York regulations will nearly approach the now-enjoined federal salary thresholds — and then leapfrog those amounts in subsequent years. Originally published in Daily Labor Report - November 30, 2016....more

Nationwide Injunction Temporarily Blocks December 1, 2016 Overtime Exemption Changes

On November 22, 2016—nine days before a drastic increase to the salary requirement for overtime exemptions was set to take effect—a Texas federal court issued a nationwide preliminary injunction temporarily blocking it....more

OSHA Update: Court Allows OSHA’s New Anti-Retaliation Rules To Stand – At Least For Now

On November 28, 2016, the United States District Court for the Northern District of Texas denied a request for a preliminary injunction to prevent enforcement of OSHA’s controversial new anti-retaliation rules. The plaintiffs...more

Nationwide Injunction Halts Department of Labor’s Overtime Expansion

New overtime regulations under the Fair Labor Standards Act set to go into effect on December 1, 2016, have been halted by a federal court in Texas. In State of Nevada v. U.S. Department of Labor, the court granted a...more

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