Tag Archives: injunction

Fifth Circuit Grants Government Request for Additional Time to State Position on Overtime Rule

Before the election the Department of Labor asked the Fifth Circuit Court of Appeals to expedite its appeal regarding the validity of the DOL’s Final Rule, which increased the salary level for the white collar exemptions.  Earlier this week, however, following the inauguration of President Trump, the Department of Labor made the opposite request, asking … Continue Reading

DOL Requests Additional Time to “Consider Issues” Before Filing Reply In Support of Salary Basis Rule

Earlier today, the Department of Labor filed an unopposed motion to extend the deadline for its next submission in support of its appeal of the salary basis rule injunction.  The motion for extension requested until March 2, 2017 to submit the Department’s reply brief to the Fifth Circuit, and expressly stated that the extra time … Continue Reading

Trenton Sick Leave Law Withstands Judicial Challenge; Philadelphia Sick Leave Law May Become Preempted

Trenton, New Jersey, like numerous other municipalities (especially in New Jersey), recently enacted its own paid sick leave law. As with Seattle’s recent minimum wage rulemaking, a coalition of New Jersey business groups challenged the city’s authority to do so, urging that the ordinance exceeded the city’s police powers and offended constitutional protections. New Jersey … Continue Reading

DC Judge Leon Also Vacates New Definition of “Companionship Services”

On the heels of his ruling vacating the DOL’s new rule (which was scheduled to be effective January 1st) rendering the FLSA’s companionship exemption unavailable to “third party” employers of companions, Judge Richard Leon has now issued a companion decision vacating the new, substantially narrowed definition of “companionship services” contained in the same DOL rulemaking.  … Continue Reading

New York State Court Issues Injunction Preventing Eviction of Tenant-Employee With Pending Asserted Wage and Hour Claims

Injunctive relief is infrequently sought in wage-and-hour litigation, which typically focuses on whether an employer properly paid wages for time periods which already transpired, as well as for any period after the filing of an action where the challenged practice means unchanged. However, injunctive relief can be available in FLSA cases. In a prime example, a … Continue Reading
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