News & Analysis as of

Preliminary Injunctions Exempt-Employees Final Rules

Bricker Graydon LLP

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

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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

Bricker Graydon LLP

Somethings Aren’t Bigger in Texas

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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

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

FordHarrison

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

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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

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

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

Faegre Drinker Biddle & Reath LLP

Court Order Invalidates DOL Rule: Employers Don't Have to Raise Minimum Salary for Exempt Employees

The Department of Labor’s (DOL) “Final Rule,” which has caused uncertainty and confusion for many employers since its May 2016 publication, has been invalidated by a federal judge. Originally slated to take effect December 1,...more

Morgan Lewis

Texas Court Strikes Down DOL’s Amended Overtime Regulations

Morgan Lewis on

The order invalidates the US Department of Labor’s revisions to the Fair Labor Standards Act regulations for the executive, administrative, and professional overtime exemptions....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

Weintraub Tobin

Obama’s Overtime Rule Struck Down By Court

Weintraub Tobin on

A Texas federal court struck down a rule that would have expanded those eligible for overtime pay. The Department of Labor’s rule would have required overtime pay to most salaried employees who earn less than $47,476...more

Roetzel & Andress

Texas Judge Strikes Down Obama-Era Overtime Rule

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On Thursday, August 31, 2017, Judge Amos Mazzant struck down the Obama administration’s overtime rule that would have extended mandatory overtime pay to more than four million U.S. workers. Specifically, the rule would have...more

Tonkon Torp LLP

Federal District Court Invalidates The DOL's Overtime Rules

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A federal judge in Texas issued an order on August 31, 2017, invalidating the Final Rule to the so-called "White Collar Exemptions" promulgated by the United States Department of Labor (DOL). Under the Final Rule, the...more

Jackson Lewis P.C.

District Court Holds Overtime Rule Invalid; Is End Of Obama-Era Rule Here?

Jackson Lewis P.C. on

The Department of Labor’s May 2016 Final Rule, which would have more than doubled the minimum salary necessary to satisfy the “executive, administrative or professional” (the “EAP” or “white collar”) overtime exemptions under...more

Haynsworth Sinkler Boyd, P.A.

Federal Judge In Texas Issues Final Ruling Striking Down New Overtime Rule

By now, employers are certainly well aware that on November 22, 2016, a federal judge in Texas issued a preliminary injunction that effectively prevented the implementation and enforcement of the new Department of Labor...more

Fisher Phillips

USDOL Submits Arguments In Salary Appeal

Fisher Phillips on

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

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

Trump DOL to the Fifth Circuit: Uphold Ability to Set a Salary Level, But Don’t Rule on $913 Per Week Threshold

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

Bass, Berry & Sims PLC

Injunction of the DOL’s Overtime Rule and Its Appeal

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

Franczek P.C.

OT Exemption Rules Lawsuit Will Proceed Despite Appeal

Franczek P.C. on

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

Littler

Federal Overtime Rule Injunction Calls for State-Level Attention

Littler on

Many businesses let out a sigh of relief after a federal judge issued a preliminary injunction halting the U.S. Department of Labor’s (DOL) final rule increasing the minimum pay requirements for exempt executive,...more

Holland & Knight LLP

Food and Beverage Law Update: December 2016

Holland & Knight LLP on

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

Akerman LLP - HR Defense

The New Salary Regulations: The Saga Continues

While employers took solace from the Nov. 22 nationwide preliminary injunction which blocked implementation of a controversial rule increasing the salary threshold for employees to be exempt from overtime, the battle is not...more

Laner Muchin, Ltd.

Although Presidential Election Creates Questions About FLSA Regulations, Employers Who Ignore December 1 Effective Date Do So At...

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Effective December 1, 2016, pursuant to new Fair Labor Standards Act (FLSA) regulations adopted by the U.S. Department of Labor (DOL), the salary threshold for many salaried exempt employees will increase substantially, from...more

Franczek P.C.

Exemption Rules Appeal Won't Be Resolved Before Obama Leaves Office

Franczek P.C. on

It looks like the U.S. Department of Labor’s appeal of the order blocking the new overtime exemption rules won’t be decided before President Obama leaves office. Under the Court of Appeals’ regular rules, the DOL’s opening...more

Franczek P.C.

Not Dead Yet! DOL to Appeal Overtime Exemption Rules Injunction

Franczek P.C. on

Sorry employers, the ride’s not over yet. For those of you keeping track, the U.S. Department of Labor’s new overtime exemption rules were set to go into effect yesterday, December 1, 2016. However, on November 22, 2016, the...more

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