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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

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

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

The DOL Overtime Salary Regulation is Temporarily Enjoined - Now What?

On Tuesday, November 22, 2016, a federal court in Texas issued a preliminary injunction temporarily barring the Department of Labor from implementing the December 1, 2016 salary rate increase for the white collar overtime...more

Federal Attack on Non-Competes Likely Another Casualty of Election

As our readers are aware, employers can expect that the Trump administration will usher in a plethora of changes in terms of federal employment law policy and enforcement. One particular area in which the new administration...more

Federal Court Blocks New DOL Overtime Exemption Rule from Taking Effect on December 1

In a stunning turn of events, a federal court in Texas issued a nationwide injunction last week blocking the U.S. Department of Labor's new rule on overtime exemptions from taking effect. The rule, which was slated for...more

CLIENT ALERT: Implementation of FLSA Overtime Rule on Hold: Delaware Law Firm

A Texas court issued a nationwide injunction yesterday, prohibiting enforcement of the Department of Labor’s (DOL) new overtime rule redefining salaried, exempt employees. The rule was set to go into effect on December 1. ...more

DOL’s Persuader Advice Exemption Rule Blocked

On November 16th, Texas federal judge Sam R. Cummings granted Summary Judgment to several business groups, joined by Texas and nine other states, seeking to block enforcement of the U. S. Department of Labor’s (DOL) new...more

Permanent Pause to Persuader Rule: Texas Court Issues Permanent Nationwide Injunction

On November 16, 2016, in National Federation of Independent Business v. Perez, No. 5:16-cv-00066, a federal judge in Texas issued a permanent injunction preventing the Department of Labor (the “DOL”) from enforcing its new...more

Permanent Injunction puts Persuader Rule on the Ropes

Earlier in the year, we reported on a temporary injunction issued by a federal district court Judge in Texas. The injunction prevented the Department of Labor from enforcing the so-called “persuader rule.” The rule sought...more

Texas Court Permanently Strikes Down Persuader Rule

Good news for employers. On November 16, 2016, a Texas federal judge permanently enjoined the Department of Labor's ("DOL") proposed Persuader Rule. The federal court's decision to permanently block the rule ensures that...more

Employers Claim Crucial Victory In Persuader Battle

Controversial Rule Appears To Be All But Dead For Foreseeable Future - Today a federal court judge delivered what could be the final nail in the coffin for the controversial persuader rule, which sought to force...more

Court Permanently Blocks DOL's Persuader Rule

To the relief of many employers that rely on third parties to provide labor advice and services, a Texas federal court has permanently blocked a rule that would have required them to make certain disclosures about their...more

Still Looming – The Regulations Regarding Overtime Exemptions

When we last visited this topic, the proposed regulations revising the overtime exemptions were still very new. The regulations are due to go into effect on December 1 of this year. There has been legislation introduced to...more

Employment Alert: "Federal Protection of Trade Secrets - the Defend Trade Secrets Act of 2016"

Earlier this year, Congress passed the Defend Trade Secrets Act ("DTSA"), a comprehensive amendment of existing legislation that previously addressed economic espionage and now provides for a private federal civil cause of...more

DOL Overtime Rule Update: Breaking News!!!!!

On September 20, 2016, two lawsuits were filed in an attempt to block the DOL’s proposed overtime rule. Wisconsin joined 20 other states in filing one suit while the U.S. Chamber of Commerce along with 50 other business...more

Employers Should Not Retreat on Compliance Planning Despite Two-Pronged Attack on OT Rule

Two lawsuits related to the Department of Labor’s revisions to the white-collar exemptions have been filed in East Texas. The first lawsuit, citing (among other things) the severe impact the impending salary increase...more

Virginia Supreme Court Opinions Affecting Local Government Law: April 28, June 23, June 30 and July 22, 2016

The Virginia Supreme Court issued a number of opinions this Spring and Summer in recent terms. Its work resulted in several opinions affecting Virginia local (and state) government law, in the areas of Virginia...more

Mid-Year Review: New Non-Compete Legislation in 2016

In the first half of 2016, we have already seen significant changes to a number of state non-compete laws. In this post, we provide a compilation of recently enacted legislation in Alabama, Connecticut, Idaho, Oregon, and...more

House Passes Noncompete Reform

Reform Overview - On Wednesday, June 29th, the House passed H. 4434: An Act relative to the judicial enforcement of noncompetition agreements, which includes a number of provisions that have long been discussed as the...more

Labor & Employment E-Note - June 2016

The scope of the federal Defend Trade Secrets Act enacted on May 11, 2016 extends well beyond employment issues. However, its impact on an employer's asset protection and enforcement program is quite significant. Please...more

Burr Alert: What The New Federal Trade Secrets Law Means For Employees

The scope of the federal Defend Trade Secrets Act ("DTSA") enacted on May 11, 2016 extends well beyond employment issues. However, its impact on an employers' asset protection and enforcement program is quite significant....more

Highlights of the Defend Trade Secrets Act of 2016

The DTSA permits federal civil actions to be brought for the misappropriation of trade secrets if the trade secret is related to a product or service used in, or intended for use in, interstate or foreign commerce....more

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