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The Burr Broadcast: Proposed Expanded Overtime Rule
Employment Law Now VII-135-Summer 2023 Wrap-Up Part 1 (NEW DOL OVERTIME RULE)
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III-42-The New Overtime Rule and Antitrust Issues With Your Non-Competes
I-12: Update on the DOL's New OT Rules, and Part 2 of My Interview with Former EEOC General Counsel David Lopez
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
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
Finally, it appears we have closure on this saga that started over a year ago! On August 31st, the same Texas federal district court judge who granted a preliminary injunction last November delaying the effective date of the...more
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
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
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
Short of a successful (but highly unlikely) appeal, the Obama-era overtime rule is now officially no longer. That rule would have required employers to pay employees a little more than $47,000 annually to qualify under one of...more
As many readers know, the Department of Labor's changes to the "white collar" or "EAP" exemption under the Fair Labor Standards Act have been one of the most publicized and impactful employment law issues of the last year. A...more
The U.S. Court of Appeals for the Fifth Circuit has tentatively scheduled oral argument for the week of October 2 in a highly watched case involving revised overtime regulations that were supposed to become effective last...more
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
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
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
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
For the past seven months, employers throughout the country have been wondering what the future would hold with respect to the revised overtime regulations that were supposed to become effective last December and what...more
There is still no decision on when—or if—the proposed “white collar” regulations will go into effect. On November 22, 2016, a federal court in Texas issued an order that blocked the U.S. Department of Labor’s (“DOL”) proposed...more
Employers nationwide breathed a collective sigh of relief when a federal district court judge in Texas enjoined the U.S. Department of Labor’s (USDOL’s) implementation of new minimum salary threshold requirements for the...more
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
Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas has decided that he will not halt the lawsuit challenging the U.S. DOL’s new overtime exemption rules pending a ruling from the 5th Circuit Court...more
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
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
On November 22, 2016, we reported on Judge Mazzant’s nationwide injunction which prevented the Department of Labor (DOL) from implementing its new overtime rules on December 1, 2016. [Link to EAlert] In issuing the...more
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
Yesterday, the U.S. Court of Appeals for the Fifth Circuit granted the USDOL’s request to expedite its appeal from the preliminary injunction order issued by the U.S. District Court for the Eastern District of Texas,...more
As expected, on Thursday, December 1, 2016, the United States Department of Labor (“DOL”) filed a notice of its appeal to the United States Court of Appeals for the Fifth Circuit of a preliminary injunction blocking the DOL...more
Overtime Rules Enjoined Nationwide - In State of Nev. v. U.S. Dep't of Labor Case No. 4:16-cv-00731-ALM, 2016 WL 6879615 (E.D. Tex. Nov. 22, 2016), a Texas district court enjoined nationwide the Department of Labor's...more