Lack of Authority

News & Analysis as of

Although Presidential Election Creates Questions About FLSA Regulations, Employers Who Ignore December 1 Effective Date Do So At...

Effective December 1, 2016, pursuant to new Fair Labor Standards Act (FLSA) regulations adopted by the U.S. Department of Labor (DOL), the salary threshold for many salaried exempt employees will increase substantially, from...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

Court Blocks Overtime Rule; Employers Off the Hook on December 1 Changes (For Now)

On November 22, 2016, a federal judge in Texas issued a temporary nationwide injunction preventing the U.S. Department of Labor’s (DOL’s) overtime rule from taking effect on December 1. We discussed both the lawsuit and the...more

Employment Alert: Federal Court Halts Implementation of New Overtime Rules

On November 22, 2016, a federal district court in Texas preliminarily enjoined the Department of Labor (DOL) from enforcing portions of its rule increasing the federal minimum salary for exempt executive, administrative, and...more

Federal Judge Blocks Department of Labor’s Overtime Rule

On Tuesday, November 22, a federal judge in the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction against enforcement of the Department of Labor’s final rule that would have...more

Nationwide Injunction Blocks the Department of Labor's Overtime Rule

Last week, a federal judge in Texas issued a nationwide injunction blocking the Department of Labor’s new overtime regulations intended to go into effect on December 1, 2016. The regulations would have entitled millions of...more

Will the D.C. Circuit Overturn Fax Opt-Out Requirement?

Though not as common as they once were, fax advertisements continue to be used in several industries, particularly healthcare, where providers and manufacturers rely on faxes to comply with regulatory obligations. Earlier...more

Texas Federal Court Blocks New Salary Restrictions for Exempt Employees

On November 22, 2016, a federal court in the Eastern District of Texas issued a preliminary injunction blocking the Department of Labor from enforcing new regulations that would have drastically reduced the number of white...more

Temporary Injunction Blocks Enforcement of the Department of Labor’s New Overtime Rules

On November 22, 2016, District Judge Amos Mazzant, III issued a temporary injunction blocking enforcement of the Department of Labor’s new overtime rules that were set to go into effect December 1, 2016. That rule proposed to...more

Texas Judge Issues National Injunction Blocking FLSA Overtime Rules

On November 22, 2016, Federal Judge Amos L. Mazzant, III, of the Eastern District of Texas, issued a national preliminary injunction blocking the Final Rule of the United States Department of Labor (“DOL”), that had amended...more

BREAKING NEWS: Federal Court Blocks Salary Increase

Late yesterday afternoon a federal court judge in Texas issued an injunction blocking the U.S. Department of Labor rule that was to raise the salary threshold for exempt employees from $455 per week to $913 per week....more

Department of Labor Overtime Regulations Enjoined by Federal Judge

Late yesterday Judge Mazzant of the Eastern District of Texas issued a temporary, nationwide injunction blocking implementation and enforcement of the Department of Labor’s (DOL) revised overtime regulations. The regulations,...more

Update: Judge Halts Implementation of DOL Overtime Rule

In a ruling announced yesterday, a federal judge in Texas has halted nationwide the effectiveness of the new salary level required to be paid by employers to those employees who are exempt from overtime. This alert will...more

Breaking News: Texas Federal Court Judge Issues Nationwide Injunction Against DOL, Bringing New Overtime Regulations to Abrupt...

In a surprise move, Judge Amos Mazzant III of the United States District Court for the Eastern District of Texas has issued a nationwide injunction against implementation of the new Fair Labor Standards Act (“FLSA”) overtime...more

New Overtime Rule Enjoined by Federal District Court

This summer, we informed you of a Department of Labor final rule that would increase the minimum salary level for employees exempt from overtime pay requirements of the Fair Labor Standards Act (“FLSA”) beginning on December...more

Breaking News: Texas Judge Delays Overtime Rule!

Yesterday, a Texas federal district court judge issued a ruling that DELAYS the Department of Labor’s proposed overtime rule that was set to go into effect on December 1. ...more

Federal Court Blocks Implementation of Overtime Rule

Yesterday, November 22, 2016, a Texas federal judge entered a nationwide injunction blocking the Department of Labor's revisions to the overtime rule -- mainly the increase in the salary basis -- that was set to go into...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 Overtime Rule Blocked Nationwide by Texas Court

Employers looking for a break were just given one by a Texas federal court right before the Thanksgiving holiday. A federal court in the Eastern District of Texas unexpectedly granted a preliminary nationwide injunction...more

Federal Court Preliminarily Enjoins New FLSA Overtime Regulations

With Thanksgiving right around the corner, employers have one more thing to be thankful for, as a federal judge in Texas has granted a nationwide preliminary injunction halting the U.S. Department of Labor’s new Fair Labor...more

Three Point Shot - November 2016

Who's First in Ownership of the "Sweet Spot" Remains Unclear - Baseball is often called a "game of inches," whether one is describing the strike zone, a close play at the plate, or a liner past third base that just kicks...more

Litigating Against the Government? Recent Decision Regarding Claim Certification Dispute Proves That Forrest Gump's Mama Was Right...

Forrest Gump’s mama was a brilliant woman. As anyone who watched the 1994 Academy Award-winning classic can confirm, Mrs. Gump’s advice to her son provided an indispensable well of wisdom from which Forrest often drew to...more

Washington ALJ Upholds B&O Assessment on German Company’s Royalty Income

On May 31, 2016, the Washington Department of Revenue (DOR) Appeals Division released a Determination (No. 15-0251, 35 WTD 230) denying a German pharmaceutical company’s business and occupation tax (B&O) protest. The...more

Insurance and Reinsurance Newsletter - Italy: July 2015

1. Solvency II - Insurance Code Amended - Legislative Decree No. 74 of 12 May 2015 was published in the Official Gazette on 15 June 2015, which has made all necessary amendments to the Insurance Code in order to...more

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