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Texas District Court Strikes Down Obama FLSA Exemption Rules

By Bill Pokorny on August 31, 2017
Posted in *New Exemption Rules
File:3D Judges Gavel.jpg
Via http://www.stockmonkeys.com/

On August 31, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas issued his final ruling in State of Nevada et al. v. United States Department of Labor, et al. Judge Mazzant granted the Plaintiffs’ motion for summary judgment, holding that the Department of…

DOL Brief in Overtime Rules Case Leaves New Uncertainty

By Bill Pokorny on July 10, 2017
Posted in *New Exemption Rules

On June 30, the U.S. Department of Labor filed its long-awaited brief announcing the new administration’s position on the ongoing litigation over the FLSA overtime exemption rules published last May. As readers may recall, the new rules would have increased the minimum salary for exempt employees from $455 per week to $913 per week. The…

OT Exemption Rules Lawsuit Will Proceed Despite Appeal

By Bill Pokorny on January 4, 2017
Posted in *New Exemption Rules, Litigation

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 of Appeals on his earlier order temporarily blocking the rules from taking effect.

Here’s a quick…

AFL-CIO Seeks To Intervene In Overtime Rules Court Fight

By Bill Pokorny on December 13, 2016
Posted in *New Exemption Rules

The pending court fight between the U.S. DOL and a coalition of states and business groups over the new overtime exemption rules will not be resolved before President Obama leaves office in January, even though the 5th Circuit Court of Appeals has now granted the DOL’s motion to set an expedited briefing schedule on its…

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

By Bill Pokorny on December 5, 2016
Posted in *New Exemption Rules, Litigation

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 brief would have been due in mid-January, followed by the response brief 30 days later, and the DOL’s reply…

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The wage and hour team at Franczek PC created this blog to provide timely, practical insights on wage and hour law to employers.

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Recent Upates

  • Pay Me Now, or Pay Me Later? Wages Paid for Anticipated Overtime are Excludable from Employees’ Regular Rate
  • DOL’s Joint Employer Test Ruled Illegal
  • DOL Broadly Defines When a Summer Camp or Program is a Child’s Place of Care for FFCRA Leave
  • DOL Withdraws Industry Lists from its Retail or Service Establishment Exemption Interpretative Rule
  • DOL Green Lights Bonuses for Employees with Fluctuating Work Schedules
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