News & Analysis as of

Secretary of Labor

Proposed 2016 “White Collar” Regulations Struck Down; DOL Starts Work on New Regulations

The winding legal path of the 2016 “white collar” regulations has come to an end. On August 31, 2017, the Honorable Amos L. Mazzant of the U.S. District Court for the Eastern District of Texas struck down the U.S. Department...more

Labor & Employment Law Update - September 2017

by Vedder Price on

United States Department of Labor Moves Hint at Policy Changes, but Employers Await Clarity - Presidential administration transitions almost always result in policy and enforcement initiative changes at the U.S. Department...more

Overtime Exemption Increases: Not Now, But (Probably) Soon

by Foley & Lardner LLP on

As our readers are aware, we have devoted a good amount of space to discussing the status of the Department of Labor’s (DOL) final rule on exemptions from overtime under the Fair Labor Standards Act (FLSA). After a...more

"Stick A Fork in It!" Updated Overtime Rules Are DOA . . . For Now

by Ward and Smith, P.A. on

On August 31, 2017, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas entered a final judgment in State of Nevada et al. vs. U.S. Department of Labor et al., awarding summary judgment against the...more

Federal Court Invalidates Obama Administration Overtime Exemption Rule

by Bracewell LLP on

On August 31, 2017, Judge Mazzant of the Eastern District of Texas invalidated the long-enjoined Obama Administration revised overtime regulation. The same judge previously granted a temporary, nationwide injunction blocking...more

Fifth Circuit Dismisses Appeal of Nationwide Injunction of Obama-Era Overtime Rule

In light of the Texas district court’s recent judgment invalidating the 2016 overtime rule, the DOL filed an unopposed motion to withdraw its appeal of the November 2016 order that preliminarily enjoined the rule on a...more

Book Closes on Obama-Era Overtime Rule

It has taken nearly a year and a half, but it finally appears that the Fair Labor Standards Act (“FLSA”) regulations on the “white collar” overtime exemptions will not go into effect....more

Texas Federal Court Strikes Down Obama’s Controversial Overtime Rule

by Taylor English Duma LLP on

On Thursday, August 31, 2017, a Texas federal court invalidated the Obama Administration’s overtime rule increasing the minimum threshold salary required to qualify for the white collar exemption. In the Final Rule that was...more

Texas Judge Strikes Down Obama-Era Overtime Rule

by Roetzel & Andress on

On Thursday, August 31, 2017, Judge Amos Mazzant struck down the Obama administration’s overtime rule that would have extended mandatory overtime pay to more than four million U.S. workers. Specifically, the rule would have...more

Court Strikes Down Obama Administration Overtime Rule

by McGuireWoods LLP on

On Aug. 31, 2017, a federal court in Texas struck down the Obama-era Department of Labor rule that would have significantly expanded overtime eligibility by more than doubling the salary threshold under the Fair Labor...more

Obama’s Overtime Rule is Overruled

by Baker Donelson on

The Obama administration’s controversial overtime rule is now dead in the water. Yesterday, a Texas federal court ruled in favor of the 55 state and business plaintiffs who challenged the rule and argued that the DOL had...more

New Interim Leader of MSHA Appointed

Secretary of Labor Alexander Acosta recently announced his appointment for the new interim Assistant Secretary of Labor for the Mine Safety and Health Administration (MSHA). Wayne D. Palmer, who was formerly chief of staff to...more

Beltway Buzz - August, 2017 #2

Congress—Fall Preview. Hopefully, our representatives have been getting plenty of rest in August, because when they return to D.C. on September 5, they will begin a work period that is expected to be extremely busy. First, as...more

Will Dealerships And Third-Party Detailers Continue To Face Increased DOL Scrutiny?

by Fisher Phillips on

During the Obama administration, the U.S. Department of Labor (DOL) placed special emphasis on scrutinizing the alleged misclassification of independent contractors and joint employer relationships. Dealerships were notably...more

Department of Labor Solicits Public Feedback on Overtime Rule

It may seem hard to believe, but it has been nearly 15 months since the U.S. Department of Labor (“DOL”) issued its controversial Fair Labor Standards Act (“FLSA”) regulations on the “white collar” overtime exemptions. The...more

Groundhog Day: DOL Issues Request for Information on Enjoined Overtime Rule

As Secretary of Labor Alexander Acosta testified in early June, the Department of Labor’s (DOL) Wage and Hour Division (WHD) has issued its request for information (RFI) on the Part 541 overtime regulations that were...more

DOL back at it: FLSA ‘white collar’ exemption salary threshold likely to increase

by McAfee & Taft on

Last year was a busy year for employers. Many conducted internal audits and went through intense planning to comply with new U.S. Department of Labor overtime regulations that were to take effect December 1, 2016. Those 2016...more

Department of Labor Rolls Back the Liberal Interpretation of Who is and Who is Not an Employee

by Jaburg Wilk on

Recently the hot topic in employment law is the widespread misclassification of employees as independent contractors. The courts and the Department of Labor (DOL) have steadily turned up the heat on employers who misclassify...more

What Ever Happened to the Department of Labor’s New Overtime Rule?

by Foley & Lardner LLP on

As our readers may recall, last year we devoted a good amount of time addressing the Department of Labor’s (DOL) final rule on overtime exemptions. Under that rule, which was supposed to go into effect on December 1, 2016,...more

Overtime Update: DOL Signals Changes to the FLSA and White Collar Exemptions may be Coming Soon

For the past few years, HR legalist has been following the Department of Labor’s proposed overtime rule, which would have roughly doubled the salary threshold under which employees are guaranteed overtime pay, and made...more

In the Latest Episode of The Overtime Rule Soap Opera: DOL Tells Fifth Circuit It Will Revise Obama-Era Overtime Rule – But Not...

Last week, lawyers for the federal government told an appeals court that the Department of Labor plans to revise the currently-blocked overtime rule issued during the Obama administration last year.   But it won’t do so, it...more

Updates to federal overtime rule, delays continue

by Hellmuth & Johnson PLLC on

The delays continue regarding the overtime rule that was originally set to go into effect on December 1, 2016. This rule would have raised the salary threshold for exempt employees – those employees who were not entitled to...more

In Pro-Employer Move, Trump Administration Withdraws DOL Guidance Letters

by Foley & Lardner LLP on

President Trump’s reputation as a no-holds-barred businessman was one of the pillars of his campaign. Six months into office, Trump’s administration is showing its pro-business (or pro-employer) tendencies through recent...more

Department of Labor Indicates Intention for New Overtime Rule

Welcome back from the long holiday weekend! While you were by the pool or grilling in the backyard, you may have missed the news on the Obama-era proposed overtime rule: the Department of Labor (“DOL”) plans to abandon the...more

Flurry of Activity by Trump Department of Labor, Including Action on the Enjoined FLSA Overtime Exemption Regulations

On April 27, 2017, the Senate confirmed R. Alexander Acosta as the Secretary of Labor.  More than four months after President Trump took office, the U.S. Department of Labor finally had a new leader....more

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