News & Analysis as of

Preliminary Injunctions Department of Labor (DOL)

Jackson Lewis P.C.

How to Navigate FLAG System Updated for New H-2A Farmworker Visa Rule and Court Order

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The Department of Labor (DOL) announced its H-2A Transition Plan for updating its Foreign Labor Application Gateway (FLAG) system based on the preliminary injunction (known as the Kansas Order) issued by the U.S. District...more

The Wagner Law Group

Retirement Security Rule Stayed

The Wagner Law Group on

July 25 was not a good week for the Department of Labor (“DOL”) in Texas. On July 25, the District Court for the Eastern District of Texas, in a civil action filed by the Federation of Americans for Consumer Choice, placed a...more

Jackson Lewis P.C.

Judge Blocks New DOL H-2A Farmworker Visa Rule in 17 States

Jackson Lewis P.C. on

Seventeen states joined in a suit in June to block the Department of Labor (DOL) from enforcing its new rule providing more protections to farmworkers employed as H-2A temporary visa holders. Now, Judge Lisa Godbey Wood of...more

Perkins Coie

District Court in Texas Blocks DOL Wage Rules Under Davis-Bacon Act

Perkins Coie on

The U.S. District Court for the Northern District of Texas granted a nationwide preliminary injunction blocking certain wage rules adopted by the Department of Labor (DOL) that had expanded coverage of the Davis-Bacon Act...more

Bricker Graydon LLP

DOL Overtime Rules and Institutions of Higher Education - Where Are We, What’s Next, and What Can We Do?

Bricker Graydon LLP on

After much nail biting and wondering when to jump the train track, on July 1, 2024, the new overtime thresholds for non-exempt employees went into effect for everyone – outside of Texas. Now the rest of us are subject to the...more

SEC Compliance Consultants, Inc. (SEC³)

Regulatory Roundup for July 2024

SEC Loses in ALJ Case, DOL’s Latest Fiduciary Rule Put on Hold, and SEC Reconsiders AI and Custody Rule Proposals - Welcome to our July Regulatory Roundup, where we provide a quick look at the latest regulatory developments....more

Holland & Knight LLP

Injunction of 2024 Title IX Regulations Impacts Schools Nationwide

Holland & Knight LLP on

A federal district court in Kansas enjoined the U.S. Department of Education's (Department) enforcement of the 2024 Title IX regulations in a unique manner that impacts educational institutions nationwide. The decision...more

Fox Rothschild LLP

New USDOL Prevailing Wage/Davis-Bacon Rules Enjoined By Texas Judge

Fox Rothschild LLP on

I have closely followed the new initiative by the USDOL on its changing in a dramatic way the manner in which prevailing wage rates are determined. That effort, however, has, for the moment, come to an end as a federal judge...more

Whiteford

Client Alert: Nonprofit Employers - Take Note of New FLSA Overtime Rules Effective July 1st

Whiteford on

Earlier this year, the U.S. Department of Labor (“DOL”) issued a final rule modifying the standard for determining whether employees qualify for several key exemptions to the overtime pay requirements set by the Fair Labor...more

Bricker Graydon LLP

Somethings Aren’t Bigger in Texas

Bricker Graydon LLP on

A federal judge in Texas recently held the Department of Labor’s (DOL) rule increasing the annual salary threshold for the exemption provided for executive, professional and administrative employees (the “white-collar...more

Gould + Ratner LLP

Federal Judge Blocks U.S. Department of Labor’s New Overtime Rule in Texas

Gould + Ratner LLP on

A federal judge in Texas granted a preliminary injunction on June 28, 2024, barring the July 1, 2024, effect of a new U.S. Department of Labor (DOL) overtime regulation that would have increased the salary threshold for...more

Nelson Mullins Riley & Scarborough LLP

DOL Overtime Rule Blocked for Employees of State of Texas

On June 28, 2024, a Texas federal judge issued an injunction temporarily blocking the U.S. Department of Labor’s (DOL) new overtime rule from taking effect for employees working for the State of Texas.  As discussed in a...more

Ruder Ware

DOL’s New Overtime Rule Litigation Update: Texas Federal Judge Denies Postponement of Rule for a Private Employer

Ruder Ware on

Late Monday afternoon, a federal judge in Texas denied a marketing firm’s motion for a preliminary injunction to halt the DOL’s new overtime rule. This denial affirms that, for now, employers, other than the State of Texas,...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. District Court Enjoins Enforcement of Key Portions of DOL’s Davis-Bacon Act Rule

The U.S. District Court for the Northern District of Texas granted a preliminary injunction against sections of the U.S. Department of Labor’s recently issued Davis-Bacon Act regulation amendments. The Court enjoined the...more

FordHarrison

New Update on Litigation Challenging the DOL's 2024 Salary Rule

FordHarrison on

Executive Summary: On July 1, 2024, the federal court for the Northern District of Texas issued a decision in Flint Avenue, LLC v. U.S. Department of Labor, denying the plaintiff employer’s request for a nationwide...more

Obermayer Rebmann Maxwell & Hippel LLP

Update: Overtime Rule now Partially in Effect, but Supreme Court Overturns Longstanding Agency Deference in Overturning Chevron

As noted in our June 24, 2024 blog and client alert, the Department of Labor’s new Overtime Rule is subject to several legal challenges, including in Texas. On Friday, a federal judge in the Eastern District of Texas...more

Constangy, Brooks, Smith & Prophete, LLP

Court blocks new FLSA salary thresholds... but only for State of Texas employees

There was good news and bad news on Friday from one of the lawsuits challenging the U.S. Department of Labor’s regulation increasing the salary threshold for the so-called white-collar exemptions to the overtime requirements...more

Seyfarth Shaw LLP

Injunction Party of One: New OT Rule Takes Effect for All Employers…Except the State of Texas

Seyfarth Shaw LLP on

The DOL’s revised overtime exemption rule took effect yesterday, July 1, 2024. While several lawsuits are challenging the rule, a last-minute injunction was ultimately granted for only one employer: the State of Texas. The...more

McNees Wallace & Nurick LLC

Federal Court Blocks Key Provisions of Updated Davis-Bacon Regulations

On June 24, 2024, a federal judge in Texas issued a nationwide injunction to block parts of the Department of Labor’s recent regulations updating Davis-Bacon prevailing wage requirements on federally funded construction...more

Proskauer - Law and the Workplace

District Court Grants Injunction of 2024 Overtime Rule Limited to State of Texas as Employer

On Friday, June 24, 2024, the business day before the Biden Department of Labor’s new overtime rule was scheduled to take effect, a federal district judge granted the State of Texas’s motion for a preliminary injunction to...more

Jackson Lewis P.C.

Tenth Circuit Upholds Court’s Refusal to Enjoin Federal Contractor Minimum Wage Hike

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President Joe Biden likely has authority under the Procurement Act to raise the minimum wage for employees of federal contractors to $15 per hour, the U.S. Court of Appeals for the Tenth Circuit ruled. Bradford v. U.S. Dep’t...more

Jackson Lewis P.C.

Independent Contractor Rule Takes Effect, But Legal Challenges Mount

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) final rule revising the standard for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA) took effect March 11, 2024. The fate of...more

Proskauer - Employee Benefits & Executive...

District Court Replaces Plan Trustees With Independent Fiduciary

In Su v. Fensler, No. 22-cv-01030, 2023 WL 5152640 (N.D. Ill. Aug. 10, 2023), the court granted the Department of Labor’s motion for a preliminary injunction to replace with an independent fiduciary the trustees of the United...more

Jackson Lewis P.C.

Fifth Circuit Reverses Denial of Preliminary Injunction to Invalidate DOL Tipped Dual Jobs Rule

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The U.S. Court of Appeals for the Fifth Circuit has reversed and remanded a district court’s denial of a motion to preliminarily enjoin the Dual Jobs Final Rule addressing when employers may take a tip credit under the Fair...more

DirectEmployers Association

OFCCP Week In Review: July 2022 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more

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