News & Analysis as of

Minimum Salary White-Collar Exemptions Appeals

Fisher Phillips

Overtime Shockwaves: Federal Appeals Court to Decide Fate of Salary Basis Test in Wake of Groundbreaking SCOTUS Decision

Fisher Phillips on

If one Texas employer has its way, we wouldn’t be fighting over whether the Department of Labor has the right to raise the floor of the salary basis test for determining OT exempt status – we’d instead conclude that the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - December 2019

This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more

Seyfarth Shaw LLP

Fifth Circuit Hands Employers a Big Win, Rules Day Rates Can Satisfy the Salary Basis Under the Highly Compensated Employee...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Employers were handed a big win recently when the U.S. Court of Appeals for the Fifth Circuit held that a day rate can satisfy the salary basis requirement for overtime exemptions under FLSA and also...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights - Issue 1, March 2019

The Editor's Note - Welcome to 2019's first edition of SuperVision, the e-newsletter from Spilman Thomas & Battle's Labor & Employment Law Group... ...In this edition of SuperVision, Carrie Grundmann explains a recent...more

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

It’s Official: OIRA Has Received Proposed Part 541 Overtime Regulations

The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) officially sent its notice of proposed rulemaking (NPRM) to revise the Part 541 regulations to the Office of Information and Regulatory Affairs (OIRA) of the...more

Benesch

The Obama Administration’s Overtime Final Rule: Unlawful and Revisited

Benesch on

On October 30, 2017, the Department of Labor (the “Department”) filed a notice to appeal a decision by Judge Amos Mazzant of the Eastern District of Texas, holding that the Overtime Final Rule (“Final Rule”) was unlawful. The...more

Smith Debnam Narron Drake Saintsing & Myers,...

Halloween Ushers In Potential Resurrection Of Proposed Overtime Rule

You thought it was dead – but the United States Department of Labor (DOL) announced on October 30 that it plans to appeal a Texas district court’s August ruling which invalidated the Obama administration’s overtime rule. The...more

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

Is This Appeal for Real? DOL Seeks Abeyance As It Formulates New Overtime Regulations

On November 3, 2017, the U.S. Department of Labor (DOL) filed a motion with the U.S. Court of Appeals for the Fifth Circuit asking the appellate court to hold in abeyance the DOL’s appeal of a district court decision that...more

Franczek P.C.

Just When You Thought the DOL’s OT Rule Was Dead, It Lives to Fight Another Day

Franczek P.C. on

As my colleague Bill Pokorny reported back on August 31, a Texas District Court struck down the Obama Administration’s FLSA Overtime Exemption Rule, holding that the Department of Labor (DOL) exceeded its authority by...more

Fisher Phillips

USDOL Appeals Ruling Against Its "Overtime Rule" (Updated 10/31/17)

Fisher Phillips on

The U.S. Department of Labor, on October 30th has filed a notice that it is appealing September's summary-judgment ruling against the compensation-related changes the agency sought to make in regulations defining the federal...more

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

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - September 2017

This edition examines recent labor and employment developments at the U.S. federal, state and local levels, including a Texas district court ruling invalidating the Department of Labor's overtime rule; a New York appellate...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

Miller Canfield

District Court Invalidates DOL's White Collar Regulations

Miller Canfield on

The higher salary requirements under the Fair Labor Standards Act (FLSA) white collar exemptions that were set to take effect December 1, 2016, have been ruled invalid by a U.S. District Court in Texas. The same court...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

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

With the Overtime Appeal Over, It’s Now Time to Focus on the Do-Over

With the appeal of the overtime injunction in federal court now over, employers and trade associations now need to focus on the overtime do-over that is underway at the U.S. Department of Labor (DOL). More specifically,...more

Maynard Nexsen

Department of Labor Abandons Appeal of Overtime Rule

Maynard Nexsen on

On September 5, 2017, the U.S. Department of Labor (DOL) asked a federal appeals court to dismiss its appeal of the court order blocking its controversial 2016 “overtime rule” from taking effect, signaling the DOL’s official...more

Bass, Berry & Sims PLC

Federal Judge Issues Final Ruling Striking Down Overtime Rule

Texas Federal Judge Amos Mazzant has issued a final ruling striking down the overtime rule. In the August 31 ruling, Judge Mazzant used essentially the same reasoning on which he based his temporary injunction ruling. In...more

Obermayer Rebmann Maxwell & Hippel LLP

Wage and Hour/FLSA Update – DOL’s White-Collar Salary Threshold Struck Down (Again)

On August 31, 2017, a federal judge in Texas struck down an Obama-era Department of Labor rule that would have roughly doubled the salary threshold, under which all workers are guaranteed overtime under the Fair Labor...more

Fisher Phillips

Next Nail In The Coffin: Overtime Rule Struck Down By Judge

Fisher Phillips on

A federal judge in Texas today struck down the controversial Obama-era change to the federal Fair Labor Standards Act that was intended to substantially raise the minimum salary threshold required for employees to qualify for...more

Fisher Phillips

Possible October Oral Arguments In Exemption Appeal

Fisher Phillips on

The Fifth Circuit U.S. Court of Appeals has "tentatively" scheduled oral arguments for the week of October 2, 2017 regarding the U.S. Department of Labor's efforts to overturn last November's preliminary injunction blocking...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

49 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide