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Vacated Employer Liability Issues

Marshall Dennehey

First District Court of Appeal Overturns Attendant Care Award Due to Lack of Specificity in Judge’s Findings

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Girardin v. AN Fort Myers Imports, LLC, Fla. 1st DCA, No. 1D2022-1485, February 19, 2025 - The First District Court of Appeal overturned an award for nonprofessional attendant care because the judge of compensation claims...more

Burr & Forman

Federal Judge Vacates Department of Labor's Salary Increase to FLSA White Collar Exemption

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Earlier this year, the Department of Labor (“DOL”) announced increases to the salary threshold for the “bona fide executive, administrative, or professional” exemption and the “highly compensated employee” exemption to the...more

Hinshaw & Culbertson - Employment Law...

Federal Court Strikes Down Overtime Rule: What Employers Need to Know

On November 15, 2024, a federal district court in Texas struck down the U.S. Department of Labor ("DOL") Final Rule that would have made over four million additional workers eligible for overtime pay. The Final Rule...more

Sheppard Mullin Richter & Hampton LLP

It’s Over for Overtime Expansion: Texas Court Axes DOL Rule That Would Have Reclassified Millions of Employees as Overtime...

On November 15th, Judge Sean Jordan of the Eastern District of Texas halted a 2024 Department of Labor (“DOL”) Final Rule (“2024 Rule”) that massively increased salary requirements for employees classified as “exempt” from...more

Foley Hoag LLP

Texas Federal Court Nullifies DOL’s Final Rule on Federal Overtime Exemptions

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On November 15, 2024, a federal judge sitting in the Eastern District of Texas found that the Biden administration’s Department of Labor (DOL) exceeded its statutory authority by issuing its April 23, 2024 final rule (the...more

Levenfeld Pearlstein, LLC

Federal Court Blocks Changes to Overtime Rules: Key Takeaways and Guidance for Employers

A federal judge in Texas has struck down the Biden administration’s overtime rule that would have extended overtime protections to an estimated four million additional workers. ...more

Bass, Berry & Sims PLC

Federal Judge Strikes Down Increased FLSA Salary Basis Threshold

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A federal judge in Texas recently ruled that the Department of Labor (DOL) did not have the authority to increase the salary basis threshold for the so-called “white-collar” exemptions from overtime.  This ruling means that...more

Troutman Pepper Locke

Federal Court Strikes Down DOL’s 2024 Rule on Overtime Exemptions Nationwide

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Last Friday, a Texas federal court struck down the U.S. Department of Labor’s (DOL) 2024 rule raising the minimum salary levels for certain exemptions to the overtime requirements of the Federal Labor Standards Act (FLSA)....more

Butler Snow LLP

Back to 2019 – Eastern District of Texas Vacates 2024 DOL Overtime Rule

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In April of this year, the United States Department of Labor the (“DOL”) announced a final rule (the “2024 Rule”) that had a dramatic effect on whether employers can legally exempt employees from overtime pay under the Fair...more

Quarles & Brady LLP

Federal Court Turns back Time on DOL’s Overtime Exemption Salary Threshold Rule: What Employers Need to Know

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On Friday, November 15, a Texas federal court turned back time on the minimum salary threshold rule for certain overtime exemptions under the Fair Labor Standard Act’s (“FLSA”)—halting the planned January 1, 2025, increase,...more

Ballard Spahr LLP

Texas Court Strikes Down DOL’s Overtime Eligibility Expansion

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On November 15, 2024, a federal judge blocked the U.S. Department of Labor’s (DOL) attempt to raise the minimum salary level for the executive, administrative, and professional (EAP) exemptions from minimum wage and overtime...more

Carlton Fields

Federal Judge Blocks DOL Rule Raising Overtime Exemption Salary Threshold

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On November 15, 2024, U.S. District Judge Sean Jordan of the U.S. District Court for the Eastern District of Texas vacated the Department of Labor’s 2024 regulations for executive, administrative, and professional (EAP)...more

Seyfarth Shaw LLP

2016 All Over Again: Texas Judge Rejects FLSA Exemption Salary Hike, Restores $35,568 Minimum

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A federal district judge has vacated the U.S. DOL’s 2024 rulemaking increasing the minimum salary employers must pay to exempt executive, administrative, and professional employees. That minimum now reverts to an annualized...more

Vorys, Sater, Seymour and Pease LLP

Federal Court Invalidates the DOL’s Final Overtime Rule

On November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated the Department of Labor’s (DOL) final rule raising the salary thresholds for being exempt from overtime under the Fair Labor Standards...more

Seyfarth Shaw LLP

Tips from Seyfarth: In a Major Win for Restaurants, Fifth Circuit Vacates DOL’s 80/20 Rule

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Tips from Seyfarth is a blog series for employers, and their in-house lawyers and HR, payroll, and compensation professionals, in the food, beverage, and hospitality sector. We curate wage and hour compliance “tips” to keep...more

Perkins Coie

National Labor Relations Board Abandons Joint Employer Rule Appeal

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On July 19, 2024, the National Labor Relations Board (NLRB) voluntarily dismissed its appeal of a federal district court’s decision vacating the NLRB’s 2023 joint employer final rule. After the U.S. District Court for the...more

Sheppard Mullin Richter & Hampton LLP

NLRB Finds GW Hospital Failed to Bargain in Good Faith in Reversal of Vacated Decision

On May 8, 2024, the National Labor Relations Board (“Board”) issued a decision reversing a 2021 decision the Board previously vacated after former Board Member William Emanuel, who participated in the ruling, was found to...more

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

Butler Snow LLP

Federal Court Vacates NLRB’s Rule Regarding Joint Employers

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The National Labor Relations Board (“NLRB”) issued its 2023 rule to determine joint employer status entitled “Standard for Determining Employer Status” on October 26, 2023 (the “2023 rule”). This topic was previously covered...more

Ballard Spahr LLP

Texas Court Strikes Down NLRB Joint Employer Rule

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On March 8, 2024, a Texas federal district court vacated the National Labor Relations Board (“NLRB” or “the Board”) 2023 joint employer rule (“2023 Rule), and restored the 2020 joint employer rule (“2020 Rule”)....more

Littler

Federal Court Vacates NLRB Joint Employer Rule, Restores 2020 “Substantial Direct and Immediate Control” Standard

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On March 8, 2024, the U.S. District Court for the Eastern District of Texas struck down regulations promulgated by the National Labor Relations Board (the “NLRB” or “Board”) defining joint employment (the “new Rule” or “2023...more

Littler

D.C. Circuit Breaks from Second Circuit, Finds Pension Fund May Retroactively Change Its Interest Rate Assumptions

Littler on

On February 9, 2024, the U.S. Court of Appeals for the D.C. Circuit issued its decision in Trustees of IAM Nat'l Pension Fund v. M & K Emp. Sols., LLC, No. 22-7157 (D.C. Cir. Feb. 9, 2024), affirming the district court’s...more

Segal McCambridge

District Court Confirms That Damages Are Discretionary Under Illinois’ Biometric Statute

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On June 30, 2023 the Northern District of Illinois vacated the $228 million damages award previously entered in the first jury trial arising under Illinois’ Biometric Information Privacy Act (BIPA), and ordered a new jury...more

Proskauer - Labor Relations Update

Board Rescinds Four Provisions to 2019 Election Rule Following Federal Appeals Court Vacating the Provisions

Thursday, the NLRB issued a notice to rescind four provisions from the Board’s Rules and Regulations contained in its Final Rule published in December 2019 (the “2019 rule”). The Board’s notice rescinding all four provisions,...more

Akin Gump Strauss Hauer & Feld LLP

Court of Appeal Blazes 'Middle Ground' Approach to PAGA Intervention

On August 18, 2022, the California Court of Appeal (Fifth District) decided Porras v. Chipotle Servs., LLC, No. F081113, 2022 WL 3499646, rejecting a former employee’s attempt to vacate a $4.9 million Private Attorneys...more

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