News & Analysis as of

Loper Bright Enterprises v Raimondo Fair Labor Standards Act (FLSA) Over-Time

Bradley Arant Boult Cummings LLP

Back to the Exemptions? Possible Changes to Home Health and Personal Care Worker Wage Regulations

Are home health and personal care workers eligible for overtime? That is a more complicated question than it first appears. In fact, it could be about to change again as certain providers of home health and personal care...more

Brooks Pierce

Counting Down to the New Year: Ten “Need-to-Know” Labor and Employment Developments of 2024

Brooks Pierce on

2024 was yet another active year in the labor and employment landscape. While 2025 and the new administration could bring any number of changes to workplace laws and enforcement, the timing and extent of such changes is...more

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

DOL Appeals Federal Court Decision That Struck Down Salary Threshold Increases for White-Collar Overtime Exemptions

The U.S. Department of Labor (DOL) is appealing a U.S. district judge’s recent ruling striking down the agency’s final rule “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales,...more

Tucker Arensberg, P.C.

Five Months Since the End of Chevron Deference: The Department of Labor is Already Playing Defense

Tucker Arensberg, P.C. on

In a recent edition of this Newsletter, I wrote about the end of Chevron Deference and its potential impact on employment law broadly. Less than five months since the U.S. Supreme Court issued its landmark decision in the...more

Genova Burns LLC

Not So Fast - Texas Court Derails DOL Rule Expanding Eligibility for Overtime Pay

Genova Burns LLC on

On November 15, a U.S. District Court in Texas put the brakes on the Department of Labor’s April 2024 Rule designed to make more employees eligible for overtime pay under the Fair Labor Standards Act. State of Texas v. United...more

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

Texas Federal Judge Strikes Down DOL’s New Overtime Rule

On November 15, 2024, a federal judge in Texas struck down the U.S. Department of Labor’s (DOL) latest attempt to raise the minimum salary thresholds for the Fair Labor Standards Act’s (FLSA) white-collar overtime exemption,...more

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

Texas Federal Judge Appears Poised to Strike Down DOL Overtime Rule

A federal judge in Texas seemed skeptical that the U.S. Department of Labor (DOL) did not overreach with its latest rule that raised the minimum salary thresholds to the Fair Labor Standards Act’s (FLSA) white-collar overtime...more

BakerHostetler

Fifth Circuit Upholds DOL Authority to Set Minimum Salary Threshold for EAP Exemption from FLSA Overtime Requirements

BakerHostetler on

In a follow-up to our previous client alerts on the U.S. Department of Labor (DOL) issuing a new overtime exemption rule and legal challenges to the new rule, a three-judge panel on the Fifth Circuit found that the DOL was...more

Jackson Lewis P.C.

DOL’s Salary Rule for Exempt Employees In Jeopardy After Fifth Circuit Oral Argument

Jackson Lewis P.C. on

A Fifth Circuit panel heard oral argument on Wednesday, August 7, on whether Department of Labor (DOL) regulations imposing a salary requirement to satisfy the executive, administrative and professional exemptions is valid....more

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

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

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

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