Posts tagged Nevada v. U.S. Department of Labor.

Yesterday, the U.S. Court of Appeals for the Fifth Circuit granted the unopposed motion of 

the U.S. Department of Labor to dismiss as moot the appeal in the “overtime case” of Nevada v. U.S. Department of Labor. The Fifth Circuit order brings that litigation to an end.

For more details on this litigation, please read our recent bulletin by Jim Coleman and Ellen Kearns, the co-chairs of our firm’s Wage and Hour Practice Group.

The DOL is expected to begin a new rulemaking process and is expected to propose increasing the salary thresholds for the executive, administrative, and (some) professional exemptions to the overtime requirements under the Fair Labor Standards Act — but not by nearly as much as they would have been increased under the Obama Administration rule that has been struck down.

Image Credit: From flickr, Creative Commons license, by State Farm Insurance.

NOTE FROM ROBIN: This is a client bulletin by Jim Coleman and Ellen Kearns, co-chairs of our Wage and Hour Practice Group, that went out this afternoon. Because the blog subscription and bulletin subscription lists are not identical, I’m reproducing the bulletin here for our blog readers.

UPDATE (9/5/17): As we expected, today the U.S. Department of Labor filed ...

I’m reading the decision as we speak, and we’ll be back soon with analysis from our Wage and Hour gurus, Jim 

Coleman and Ellen Kearns. But meanwhile, here is the Opinion and Order from U.S. District Court Judge Amos Mazzant, and here is the Judgment.

The judge granted a motion for summary judgment filed by the business plaintiffs, a group led by the Plano (TX) Chamber of Commerce.

You may recall that Judge Mazzant’s preliminary injunction, issued last November, is on appeal to the U.S. Court of Appeals for the Fifth Circuit.

Image Credit: From flickr, Creative Commons license, by State Farm Insurance.

The U.S. Department of Labor submitted its brief today in Nevada v. U.S. Department of Labor, the case involving the challenge to the Obama Administration's overtime rule.

Some very quick background: The overtime rule, which would have more than doubled the salary threshold for administrative, executive, and some professional exemptions from theKid scratching head.flickrCC.AlessandroLucia minimum wage and overtime ...

Don't mess with Texas.

In Lubbock yesterday, Judge Sam R. Cummings permanently enjoined the U.S. Department of Labor's Persuader Rule, which is great news for employers. David Phippen has the full story here. The DOL can appeal to the U.S. Court of Appeals for the Fifth Circuit (it's already appealing the preliminary injunction issued in June), but with the coming change in ...

T.J. Simers, a well-known former sports columnist for the Los Angeles Times, is suing the Times for age and disability discrimination and is seeking $18 million. We're providing regular coverage and analysis of the jury trial, which is expected to last about two more weeks. For the background on what the case is all about, go here. For the testimony of Mr. Simers' psychiatrist, go here

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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