News & Analysis as of

Wage and Hour Preliminary Injunctions

Perkins Coie

District Court in Texas Blocks DOL Wage Rules Under Davis-Bacon Act

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The U.S. District Court for the Northern District of Texas granted a nationwide preliminary injunction blocking certain wage rules adopted by the Department of Labor (DOL) that had expanded coverage of the Davis-Bacon Act...more

Bricker Graydon LLP

DOL Overtime Rules and Institutions of Higher Education - Where Are We, What’s Next, and What Can We Do?

Bricker Graydon LLP on

After much nail biting and wondering when to jump the train track, on July 1, 2024, the new overtime thresholds for non-exempt employees went into effect for everyone – outside of Texas. Now the rest of us are subject to the...more

Fox Rothschild LLP

New USDOL Prevailing Wage/Davis-Bacon Rules Enjoined By Texas Judge

Fox Rothschild LLP on

I have closely followed the new initiative by the USDOL on its changing in a dramatic way the manner in which prevailing wage rates are determined. That effort, however, has, for the moment, come to an end as a federal judge...more

Whiteford

Client Alert: Nonprofit Employers - Take Note of New FLSA Overtime Rules Effective July 1st

Whiteford on

Earlier this year, the U.S. Department of Labor (“DOL”) issued a final rule modifying the standard for determining whether employees qualify for several key exemptions to the overtime pay requirements set by the Fair Labor...more

Bricker Graydon LLP

Somethings Aren’t Bigger in Texas

Bricker Graydon LLP on

A federal judge in Texas recently held the Department of Labor’s (DOL) rule increasing the annual salary threshold for the exemption provided for executive, professional and administrative employees (the “white-collar...more

Gould + Ratner LLP

Federal Judge Blocks U.S. Department of Labor’s New Overtime Rule in Texas

Gould + Ratner LLP on

A federal judge in Texas granted a preliminary injunction on June 28, 2024, barring the July 1, 2024, effect of a new U.S. Department of Labor (DOL) overtime regulation that would have increased the salary threshold for...more

Nelson Mullins Riley & Scarborough LLP

DOL Overtime Rule Blocked for Employees of State of Texas

On June 28, 2024, a Texas federal judge issued an injunction temporarily blocking the U.S. Department of Labor’s (DOL) new overtime rule from taking effect for employees working for the State of Texas.  As discussed in a...more

Ruder Ware

DOL’s New Overtime Rule Litigation Update: Texas Federal Judge Denies Postponement of Rule for a Private Employer

Ruder Ware on

Late Monday afternoon, a federal judge in Texas denied a marketing firm’s motion for a preliminary injunction to halt the DOL’s new overtime rule. This denial affirms that, for now, employers, other than the State of Texas,...more

FordHarrison

New Update on Litigation Challenging the DOL's 2024 Salary Rule

FordHarrison on

Executive Summary: On July 1, 2024, the federal court for the Northern District of Texas issued a decision in Flint Avenue, LLC v. U.S. Department of Labor, denying the plaintiff employer’s request for a nationwide...more

Obermayer Rebmann Maxwell & Hippel LLP

Update: Overtime Rule now Partially in Effect, but Supreme Court Overturns Longstanding Agency Deference in Overturning Chevron

As noted in our June 24, 2024 blog and client alert, the Department of Labor’s new Overtime Rule is subject to several legal challenges, including in Texas. On Friday, a federal judge in the Eastern District of Texas...more

Constangy, Brooks, Smith & Prophete, LLP

Court blocks new FLSA salary thresholds... but only for State of Texas employees

There was good news and bad news on Friday from one of the lawsuits challenging the U.S. Department of Labor’s regulation increasing the salary threshold for the so-called white-collar exemptions to the overtime requirements...more

Seyfarth Shaw LLP

Injunction Party of One: New OT Rule Takes Effect for All Employers…Except the State of Texas

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The DOL’s revised overtime exemption rule took effect yesterday, July 1, 2024. While several lawsuits are challenging the rule, a last-minute injunction was ultimately granted for only one employer: the State of Texas. The...more

Proskauer - Law and the Workplace

District Court Grants Injunction of 2024 Overtime Rule Limited to State of Texas as Employer

On Friday, June 24, 2024, the business day before the Biden Department of Labor’s new overtime rule was scheduled to take effect, a federal district judge granted the State of Texas’s motion for a preliminary injunction to...more

Laner Muchin, Ltd.

Federal Court Enjoins “Equivalent Benefits” Portion of the Illinois Day and Temporary Labor Services Act

Laner Muchin, Ltd. on

In August 2023, Illinois Governor Pritzker signed a bill which amends the Illinois Day and Temporary Labor Services Act (Act). This new law impacts both temporary labor agencies (Agencies) and Third-Party Clients (Clients)...more

Hinshaw & Culbertson - Employment Law...

Federal Court Blocks Illinois Equal Pay Amendment: What Employers and Staffing Agencies Need to Know

A federal court in Chicago recently granted a preliminary injunction enjoining the Illinois Department of Labor from enforcing one of several amendments made in August 2023 to the Illinois Day Labor and Temporary Labor...more

Jackson Lewis P.C.

Independent Contractor Rule Takes Effect, But Legal Challenges Mount

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) final rule revising the standard for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA) took effect March 11, 2024. The fate of...more

Proskauer - California Employment Law

Industry and Labor Serve Up $20 Minimum Wage Deal For Fast Food Workers

A two-year standoff between the fast food industry and labor unions ended this week as stakeholders announced a deal that will increase the minimum wage to $20 for California workers at fast food chains with more than 60...more

Ervin Cohen & Jessup LLP

Court Puts FAST Act on Hold Pending Referendum

On January 13, 2023, Sacramento Superior Court Judge Shelleyanne Chang ruled that implementation of the Fast Food Accountability and Standards Recovery Act (“FAST Act”) should remain on hold pending the Secretary of State’s...more

Jackson Lewis P.C.

Preliminary Injunction GRANTED Against AB 257 Enforcement & Implementation

Jackson Lewis P.C. on

While the Secretary of State continued to count signatures to determine if a potential referendum challenging the FAST Recovery Act (AB 257) will make it on the ballot, the Sacramento Superior Court has issued a preliminary...more

DirectEmployers Association

OFCCP Week In Review: July 2022 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more

Jackson Lewis P.C.

Preliminary Motion Seeking to Invalidate DOL’s Dual Jobs Final Rule Fails

Jackson Lewis P.C. on

Recently we reported on the efforts of the Restaurant Law Center (RLC), an independent public policy organization affiliated with the National Restaurant Association, to invalidate the Dual Jobs Final Rule published by the...more

Jackson Lewis P.C.

AB 5 Past and Present – What You Need to Know

Jackson Lewis P.C. on

At the end of 2020, it seemed the legislature, the courts, and even California voters wanted to move away from the independent contractor test codified in Assembly Bill 5 (AB 5). However, during 2021, the pendulum seems to...more

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

Colorado’s Pay Transparency Law Survives Preliminary Injunction: Next Steps for Employers

Colorado’s Equal Pay for Equal Work Act went into effect on January 1, 2021. The act creates significant compliance burdens for employers with even one employee in Colorado....more

CDF Labor Law LLP

The Ninth Circuit Reverses AB5 Injunction

CDF Labor Law LLP on

The Ninth Circuit Court of Appeals, in California Trucking Association v. Bonta, has reversed the preliminary injunction staying enforcement of AB 5 (now Labor Code § 2775). ...more

Littler

Federal Court Strikes Down Dallas Paid Sick Leave Ordinance

Littler on

The U.S. District Court for the Eastern District of Texas has permanently enjoined a controversial Dallas ordinance requiring employers to provide paid sick leave benefits to certain employees. The permanent injunction took...more

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