The Fifth Circuit granted the government’s request for additional time to file its final reply brief in the pending appeal of a nationwide injunction issued by a Texas District Court Judge, blocking the DOL’s controversial overtime rule raising the required salary level for the white collar exemptions. The final reply brief will not be filed
DOL
Government Seeks Another Delay on DOL’s Overtime Rule
The government has asked for another delay in submitting its final brief to the Fifth Circuit Court of Appeals regarding the DOL’s Final overtime rule, which raised the salary level for the white collar exemptions from $23,660 to $47,476. The final reply brief was scheduled to be filed on May 1, 2017, after two earlier …
Fifth Circuit Grants Request to Delay Appeal on Federal Overtime Rule
The appeal regarding the validity of the federal overtime rule will not be fully briefed until May 1, 2017, according to an order issued by the Fifth Circuit on February 22, 2017, granting an unopposed request by the Department of Justice for an extension.
When the Department of Labor first appealed the nationwide injunction issued…
Federal Court In Florida Is Latest To Reject DOL Regulation, Finds FLSA Does Not Require That Employees Receiving Full Minimum Wage Retain All Tips
While Department of Labor regulations interpreting the FLSA remain the primary source of employer guidance regarding the Act’s requirements, they are not necessarily the final word on what federal wage law requires. This is so even where they have been subject to “notice and comment,” triggering a higher level of judicial deference. A federal court…
DOL Enforcement of Home Care Rule to Commence November 12, Subject to “Prosecutorial Discretion”
Chief Justice Roberts’ denial of the Home Care Association of America’s request for stay of issuance of mandate confirms that the new rule rendering many home health aides overtime-eligible is effective, pending appeal. In response to that denial, Wage-and-Hour Administrator David Weil issued a new policy statement confirming that the Department’s “non-enforcement period” for the…
DOL: Comment Period Closed For Proposed Final Rule
In a letter to Congress, Wage-and-Hour Administrator David Weil yesterday stated that the Department would not extend the 60-day comment period for providing feedback regarding the Department’s proposed rule, indicating that “a comment period of this length . . . will meet the goal . . . of ensuring Department has level of insight…
DOL States Plan To Issue Proposed Revisions To FLSA White Collar Exemptions In 2014
The Department of Labor recently released its 2014 Semiannual Regulatory Agenda, a non-binding statement regarding upcoming rulemaking. The Agenda provides a timetable for issuance of a proposed rule revising the regulations interpreting the Fair Labor Standards Act’s “white collar” overtime exemptions, in conformity with the President’s recent directive. As we often discuss, certain…
FLSA Coverage Extends to Majority of Home Care Workers
The Department of Labor continues carrying out its aggressive regulatory agenda, releasing the much-anticipated final rule extending FLSA minimum wage and overtime protection to direct care workers such as home health aides, personal care aides and certified nursing assistants working for home care agencies and other domestic services employers, and reversing the application of …
Supreme Court: PSRs Are Exempt Outside Salespeople
In a decision with broad implications within and, potentially, outside the pharmaceutical industry, the Supreme Court has affirmed, by a 5-4 margin, the Ninth Circuit’s decision finding GlaxoSmithKline’s pharmaceutical sales representatives qualify for the outside sales exemption under the FLSA. Christopher v. SmithKline Beecham Corp., No. 11–204 (June 18, 2012). Justice Alito delivered…
DOL Proposes Amendments to Child Labor Regulations
Last week, the Department of Labor issued proposed amendments to the regulations governing the employment of minors in agricultural occupations, and solicited public commentary on the proposal ahead of a planned public hearing. These proposed amendments, which would not apply to children working on farms owned by their parents, are designed to strengthen the workplace safety…