BREAKING: It’s Over! USDOL’s Overtime Appeal Is Dismissed

Constangy, Brooks, Smith & Prophete, LLP
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Yesterday, the U.S. Court of Appeals for the Fifth Circuit granted the unopposed motion of the U.S. Department of Labor to dismiss as moot the appeal in the “overtime case” of Nevada v. U.S. Department of Labor. The Fifth Circuit order brings that litigation to an end.

For more details on this litigation, please read our recent bulletin by Jim Coleman and Ellen Kearns, the co-chairs of our firm’s Wage and Hour Practice Group.

The DOL is expected to begin a new rulemaking process and is expected to propose increasing the salary thresholds for the executive, administrative, and (some) professional exemptions to the overtime requirements under the Fair Labor Standards Act — but not by nearly as much as they would have been increased under the Obama Administration rule that has been struck down.

Image Credit: From flickr, Creative Commons license, by State Farm Insurance.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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