News & Analysis as of

Minimum Salary Appeals Secretary of Labor

Proskauer - Law and the Workplace

DOL to Appeal Ruling That 2016 Overtime Rule Exceeded Its Authority

The DOL will appeal a Texas federal court’s ruling that the Obama administration’s 2016 overtime rule exceeded the DOL’s authority. The appeal comes nearly two months after the DOL dropped an earlier appeal of that court’s...more

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

Foley & Lardner LLP

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

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

Ward and Smith, P.A.

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

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

Bracewell LLP

Federal Court Invalidates Obama Administration Overtime Exemption Rule

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

Proskauer - Law and the Workplace

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

McAfee & Taft

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

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

Mintz - Employment Viewpoints

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

Fisher Phillips

USDOL Submits Arguments In Salary Appeal

Fisher Phillips on

The U.S. Department of Labor has finally filed a Reply Brief supporting its request that the Fifth Circuit U.S. Court of Appeals overturn last November's preliminary injunction that blocked the salary-related changes in the...more

Proskauer - Law and the Workplace

DOL Pushes Ahead With Appeal of Overtime Rule Injunction

Yesterday, the U.S. Department of Labor filed a reply brief in further support of its appeal of the November 22, 2016 order in State of Nevada v. United States Dep’t of Labor, No. 4:16-CV-00731 (E.D. Tex.). That order,...more

Proskauer - Law and the Workplace

DOL to Restart Conversation on New Overtime Rule

On June 27, 2017, the U.S. Department of Labor sent a Request for Information related to the now-enjoined overtime rule to the Office of Management and Budget for review.  After OMB completes its review, the RFI will be...more

Bass, Berry & Sims PLC

Injunction of the DOL’s Overtime Rule and Its Appeal

Is the Department of Labor (DOL) overtime rule now dead? Will the overtime rule be modified to a more modest version? Much uncertainty remains regarding the recently announced overtime rule in both the legal and the political...more

Tarter Krinsky & Drogin LLP

Department of Labor’s Appeal of Overtime Exemption Injunction Likely Weakens Under New Secretary of Labor

On November 23, we reported that a federal judge in Texas had issued an injunction blocking implementation of the long-awaited new Fair Labor Standards Act exemption regulations. Those regulations would have, among other...more

Ruder Ware

More Overtime or Not?

Ruder Ware on

The table is set for a fight over whether or not more employees will be eligible for overtime pay as a result of the Department of Labor regulation changing the qualifications to be an exempt employee. President-Elect Trump...more

Roetzel & Andress

Fifth Circuit Court of Appeals Grants Department of Labor's Request for Expedited Briefing and Oral Argument Schedule

Roetzel & Andress on

On December 8, the United States Court of Appeals for the Fifth Circuit granted the Department of Labor’s (“DOL”) motion for an expedited briefing and oral argument schedule in its appeal of the District Court’s grant of a...more

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