News & Analysis as of

Administrative Procedure Act Department of Labor (DOL)

Orrick, Herrington & Sutcliffe LLP

District court partially grants defendants’ motions to dismiss, tosses Privacy Act claim

On April 16, the U.S. District Court for the District of Columbia granted in part and denied in part the defendants’ motion to dismiss a case involving claims that DOGE and several federal agencies (including the DOL, the...more

Orrick, Herrington & Sutcliffe LLP

District court receives sparring requests to deny DOGE access

On February 28, the Department of Labor, the CFPB, and the DHHS (the defendants), filed a motion to dismiss in the U.S. District Court for the District of Columbia, and a week later, a coalition of labor unions (the...more

Husch Blackwell LLP

What Constitutes Parity? The ERISA Industry Committee’s Lawsuit Challenging the 2024 Final Rule

Husch Blackwell LLP on

On January 17, 2025, the ERISA Industry Committee (ERIC) filed a lawsuit in the U.S. District Court for the District of Columbia, claiming that the 2024 Mental Health Parity and Addiction Equity Act (MHPAEA) Final Rule...more

Proskauer - Law and the Workplace

DOL’s Power to Set Salary Minimum for Overtime Exemption Ripe for SCOTUS Review

On February 14, 2025, the Fifth Circuit denied the appellants’ petition for rehearing en banc in Mayfield v. United States Dep’t of Labor—a September 2024 decision holding that the U.S. Department of Labor’s authority to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employer Group Sues to Block Mental Health Parity Rules

Only weeks after the principal effective date for the final 2024 federal mental health parity rules for employer-sponsored health benefit plans, those rules—and specifically some key features that are frustrating...more

Proskauer - Law and the Workplace

DOL Appeal of Decision Invalidating 2024 Overtime Rule Likely on Last Legs

On November 15, 2024, in State of Texas v. United States Dep’t of Labor, the United States District Court for the Eastern District of Texas ruled that the U.S. Department of Labor (DOL) exceeded its rulemaking authority by...more

Jackson Lewis P.C.

Uncertainty for Federal Contractors: Circuits Split as Fifth Circuit Upholds Minimum Wage Mandate

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Fifth Circuit has reversed a Texas federal court’s decision that invalidated President Joe Biden’s executive order increasing the hourly minimum wage for employees of federal contractors. The...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Upholds Minimum Wage Rate for Federal Contractors

The Fifth Circuit Court of Appeals recently found the Biden administration operated within its authority when it raised the minimum wage for federal contractors to $15 per hour in 2022. This represents a relatively rare win...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Occupational Safety and Health Administration Scaffolding Regulation: U.S. District Court Addresses Challenge to Standard...

A United States District Court (N.D. California) ( “Court”) addressed in a February 3rd Order an issue arising out of the Occupational Safety and Health Administration (“OSHA”) scaffolding regulations. See Golden Gate Bridge,...more

Schwabe, Williamson & Wyatt PC

Fifth Circuit Reverses Injunction on Federal Contractor Minimum Wage

On February 4, in Texas v. President Trump & Department of Labor, a Fifth Circuit panel reversed a permanent injunction issued by the U.S. District Court for the Southern District of Texas. The injunction prohibited the...more

Jackson Lewis P.C.

Trump DOL Signals a Back-off from Defending Independent Contractor Rule

Jackson Lewis P.C. on

The Trump Administration has asked the U.S. Court of Appeals for the Fifth Circuit to postpone oral argument in a lawsuit challenging President Joe Biden’s 2024 independent contractor rule. The U.S. Department of Justice...more

Vedder Price

DOL Returns to Prior Dual Jobs Regulation for Tipped Employees

Vedder Price on

In August 2024, we reported on the highly anticipated opinion in Restaurant Law Center v. U.S. Department of Labor, 115 F.4th 396 (5th Cir. 2024), in which the Fifth Circuit vacated the 2021 Dual Jobs Final Rule as arbitrary,...more

Bass, Berry & Sims PLC

Ninth Circuit Deflates Contractor Minimum Wage Mandate

Bass, Berry & Sims PLC on

On November 5, the Court of Appeals for the Ninth Circuit held that the president lacks the authority under the Federal Property and Administrative Services Act (FPASA or Act) to impose a $15 minimum wage on federal...more

Fox Rothschild LLP

Texas District Court Vacates DOL Overtime Rule

Fox Rothschild LLP on

The U.S. District Court for the Eastern District of Texas, in State of Texas, et al. v. United States Department of Labor, et al. vacated the latest overtime rule by the Department of Labor (DOL) on November 15, 2024. The...more

Goodwin

Federal Court Vacates Increased Salary Standards for Exemptions from Overtime

Goodwin on

On November 15, 2024, in the case of State of Texas v. United States Department of Labor, the United States District Court for the Eastern District of Texas vacated and set aside the rule issued by the U.S. Department of...more

Williams Mullen

Salary Thresholds Reset for Overtime Exemptions

Williams Mullen on

On November 15, 2024, the United States District Court for the Eastern District of Texas, set aside and vacated the U.S. Department of Labor’s (DOL) 2024 Rule increasing the minimum salary threshold for employees under the...more

Genova Burns LLC

Not So Fast - Texas Court Derails DOL Rule Expanding Eligibility for Overtime Pay

Genova Burns LLC on

On November 15, a U.S. District Court in Texas put the brakes on the Department of Labor’s April 2024 Rule designed to make more employees eligible for overtime pay under the Fair Labor Standards Act. State of Texas v. United...more

Fox Rothschild LLP

Texas District Court Vacates Increases to Salary Threshold for Overtime Exemptions

Fox Rothschild LLP on

The U.S. District Court for the Eastern District of Texas recently vacated the U.S. Department of Labor’s (DOL) regulations issued in April 2024 that increase the salary threshold necessary to satisfy the Executive,...more

Tonkon Torp LLP

DOL Overtime-Exempt Rule Vacated: Next Steps for Employers

Tonkon Torp LLP on

Last April, the Wage and Hour Division of the U.S. Department of Labor (DOL) released a rule increasing the salary threshold for overtime-exempt employees. On November 15, 2024, the U.S. District Court for the Eastern...more

Miller Canfield

Not So Fast: Texas Court Blocks Department of Labor Overtime Rule

Miller Canfield on

On November 15, 2024, the United States District Court for the Eastern District of Texas blocked the Department of Labor’s 2024 Rule that would have expanded entitlement to overtime wages for millions of American workers....more

BakerHostetler

Is It Dead? The Department of Labor’s 2024 Rule Increasing the Minimum Salary Threshold for Exempt Employees Is Vacated - For Now

BakerHostetler on

On Friday, November 15, in State of Texas v. DOL et al., Case No. 4:24-CV-499-SDJ, 4:24-CV-468-SDJ, the United States District Court for the Eastern District of Texas vacated the Department of Labor’s (DOL) 2024 Salary...more

Benesch

Department of Labor’s 2024 Final Overtime Rule Banned Nationwide

Benesch on

On Friday, a federal court in Texas struck down the Department of Labor’s (“DOL”) Final Rule that sought to raise the salary thresholds that must be met for executive, administrative, and professional (“EAP”) and highly...more

Jackson Lewis P.C.

A Reprieve for Employers: Texas Court Vacates DOL Rule Increasing Salary Level for Exempt Employees

Jackson Lewis P.C. on

In a highly anticipated decision, a federal district court in Texas has vacated the Department of Labor’s (DOL’s) 2024 Final Rule increasing the salary threshold for application of the executive, administrative, and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Texas Federal Judge Strikes Down DOL’s New Overtime Rule

On November 15, 2024, a federal judge in Texas struck down the U.S. Department of Labor’s (DOL) latest attempt to raise the minimum salary thresholds for the Fair Labor Standards Act’s (FLSA) white-collar overtime exemption,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Texas Federal Judge Appears Poised to Strike Down DOL Overtime Rule

A federal judge in Texas seemed skeptical that the U.S. Department of Labor (DOL) did not overreach with its latest rule that raised the minimum salary thresholds to the Fair Labor Standards Act’s (FLSA) white-collar overtime...more

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