Posts tagged Overtime Rule.

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 has issued its promised Request for Information on the salary levels in the Obama Administration's overtime rule. The RFI was published in yesterday's Federal Register. Comments are being accepted through September 25.

Invoking President Trump's Executive Order 13777, the RFI focuses on the minimum salary levels that should apply to the ...

Overtime rule - what's the Trump Administration doing? Last Friday, I posted about the U.S. Department of Labor's brief in the case challenging the Obama Administration's overtime rule, which has been enjoined since November 2016. The Trump DOL position had me scratching my head because it sounded an awful lot like the Obama DOL position, and I said that we'd be hearing soon from some ...

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 ...

On November 23, 2016, we issued a Client Bulletin titled “Employers Can Breathe A Sigh of Relief Come December 1: Court strikes down overtime rule.”  But a new lawsuit in federal court in NewEllen Kearns Jersey puts a gulp in that sigh of relief.

Background

As previously reported, regulations that would have more than doubled the salary threshold for Administrative, Executive and ...

The employment law week in Trumpland started out a little slow, but now we're back in business.

Acosta looking good for confirmation as Secretary of Labor. In contrast to nominee Andrew Puzder, the outlook appears good for his successor nominee Alexander Acosta. Mr. Acosta seems to have bipartisan support in the Senate, and has even been endorsed by the International Union of ...

Dum-da-dum-dum!

Stop.flickrCC.EdwinTorres
"Not so fast!"

Bloomberg BNA reports that the U.S. Department of Labor, which is the defendant in a lawsuit challenging the rule regarding white-collar exemptions to the overtime provisions of the Fair Labor Standards Act, has asked for an extension of time to allow "incoming leadership personnel adequate time to consider the issues."

You know what that means.

The ...

Jill Stricklin
Jill Stricklin

NOTE FROM ROBIN: A portion of Jill's remarks below appeared Tuesday morning in Law360 (paid subscription required).

Notwithstanding what might happen over the next four (or eight) years, there is no question that President Barack Obama has left his mark on labor and employment law in some very important ways. Even if President-Elect Trump’s administration and the ...

Andrew Puzder.flickrCC.GageSkidmore
Andrew Puzder (center)

The Senate confirmation hearing for Andrew Puzder, President-Elect Trump's nominee for Secretary of Labor, will reportedly take place this Wednesday, January 12. (UPDATE (1/10/17): According to Politico, Mr. Puzder's confirmation hearing will now take place on Tuesday, January 17.) Mr. Puzder's nomination is vigorously opposed by employee advocates ...

Judge Amos Mazzant, who preliminarily enjoined the U.S. Department of Labor overtime exemption rule in November, has now refused to stay (postpone) further proceedings in the case.

In-depth analyses of the impact of Judge Mazzant's preliminary injunction decision are available here and here.

Denial of the stay means that Judge Mazzant could issue a final decision any time, even ...

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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