News & Analysis as of

Administrative Procedure Act Final Rules Wage and Hour

Vedder Price

DOL Returns to Prior Dual Jobs Regulation for Tipped Employees

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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

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

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

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

Perkins Coie

Fifth Circuit Hits 0% on the Department of Labor’s Tip Credit Rule

Perkins Coie on

The U.S. Court of Appeals for the Fifth Circuit recently determined that the Department of Labor (DOL) violated the Administrative Procedures Act (APA) in issuing its “Tip Credit” final regulations and vacated the final rule....more

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

Ding Dong, the Federal 80/20 and 30-Minute Tip Rule Is Dead

On August 23, 2024, the Fifth Circuit Court of Appeals released its long-awaited opinion in Restaurant Law Center v. United States Department of Labor and invalidated the 2021 final tip rule issued by the U.S. Department of...more

Fisher Phillips

Appeals Court Strikes Down Onerous 80/20/30 Tip Credit Rule: 7 Things Hospitality Employers Should Know About This Win

Fisher Phillips on

A federal appeals court just delivered some good news to hospitality employers by blocking the Department of Labor’s infamous 80/20/30 rule, providing immediate relief to employers around the country by vacating the...more

Epstein Becker & Green

The U.S. Department of Labor’s Final Rule Increasing the Salary Threshold for EAP Exemptions Took Effect, Except for the State of...

Epstein Becker & Green on

As we previously reported, the U.S. Department of Labor (DOL) issued a new final rule increasing the minimum salary amounts for the executive, administrative, and professional (EAP) and highly compensated employee exemptions....more

Miles & Stockbridge P.C.

ICYMI: Business Groups Sue to Block DOL Rule Increasing Salary Thresholds for Exempt Employees

More than a dozen business groups last month filed a much-anticipated lawsuit seeking to block the U.S. Department of Labor’s (DOL) new final rule that will significantly raise the minimum salary thresholds for exempt...more

Miller Canfield

National Business Associations File Suit to Block New DOL Overtime Rule

Miller Canfield on

On May 22, 2024, a group of national business associations filed a lawsuit seeking to prevent the U.S. Department of Labor (“DOL”) from implementing its new Final Rule on overtime. As we noted in our prior alert, the new rule...more

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

Business Groups File Lawsuit to Block DOL’s Raised Salary Thresholds for White Collar Overtime Exemptions

On May 22, 2024, more than a dozen business groups and a company filed a lawsuit seeking to block the U.S. Department of Labor’s (DOL) new final rule that significantly raises the minimum salary thresholds for the Fair Labor...more

Seyfarth Shaw LLP

Construction Industry Groups Challenge DOL’s New DBRA Regulations

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Less than a month after taking effect, the Department of Labor’s (“DOL”) broad changes to the regulations implementing Davis-Bacon and Related Acts (“DBRA”) are facing legal challenges in two federal courts. These newly-filed...more

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

Rulemaking Redux: DOL Issues Updated Final Rule Adjusting Wage-Level Calculations for H-1B, H-1B1, and E-3 Visa and PERM Cases

On January 12, 2021, the U.S. Department of Labor (DOL) announced an updated final rule designed to increase prevailing wages required for certain visa processes. The updated rule, entitled “Strengthening Wage Protections for...more

Miles & Stockbridge P.C.

New Regulation Replaces H-1B Random Selection with Wage-Based Selection

On January 8, 2021, the Department of Homeland Security (“DHS”) published a final rule that would dramatically change how H-1B cap petitions are selected in the annual “lottery.” Under this final rule, the current random...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective | Focus on Wage & Hour

"Joint Employer" Status in the Wage and Hour Context - A New York federal court has struck down a Final Rule from the U.S. Department of Labor (DOL) that set out a four-factor test to determine “joint employer” status,...more

Jones Day

New York Federal Court Partially Invalidates U.S. Department of Labor’s Joint Employer Regulation

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The Situation: Seventeen states and the District of Columbia filed suit in the Southern District of New York seeking declaratory and injunctive relief against the U.S. Department of Labor's ("DOL") new joint employer...more

Troutman Pepper Locke

Southern District of New York Judge Strikes Down Department of Labor Standard for Joint Employment

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Q: What does the latest decision on joint employer liability mean for businesses? A: On September 8, 2020, the United States District Court for the Southern District of New York issued a decision overturning the U.S....more

Carlton Fields

Federal Judge Blocks Significant Portions of DOL's Joint Employer Rule

Carlton Fields on

On September 8, 2020, Federal District Court Judge Gregory Woods struck down critical parts of the U.S. Department of Labor’s (DOL) new joint employer rule, which took effect in March of this year and which was intended to...more

Epstein Becker & Green

Court Invalidates Portion of U.S. DOL’S Business-Friendly Joint Employer Final Rule

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On September 8, 2020, a federal district court struck down the U.S. Department of Labor’s (“DOL”) Final Rule on joint employer liability, concluding that the Rule violated the Administrative Procedure Act (“APA”) by...more

Parker Poe Adams & Bernstein LLP

State Attorneys General Challenge Joint Employer Rule

Last week’s EmployNews discussed the National Labor Relations Board’s issuance of final regulations on joint employer status. These regulations followed a similar rulemaking by the Department of Labor that we covered in...more

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