Bloomberg BNA reported Friday evening that President Trump has nominated Cheryl Stanton of South Carolina as Administrator of the Wage Hour Division of the U.S. Department of Labor. Ms. Stanton is currently executive director of the S.C. Department of Employment and Workforce, which administers unemployment compensation for the state. She has been a shareholder with the management-side employment firm Ogletree Deakins twice, separated by a period in which she was the principal White House liaison to the U.S. Department of Labor, the National Labor Relations Board, and the Equal Employment Opportunity Commission under former President George W. Bush. She is a 1994 graduate of Williams College, and a 1997 graduate of the University of Chicago School of Law. According to the Trump White House, she clerked for Supreme Court Justice Samuel Alito when he was on the U.S. Court of Appeals for the Third Circuit.

Lots going on in the wage-hour area! As noted here, today the USDOL filed a motion to dismiss as moot its appeal of the preliminary injunction blocking the Obama-era overtime rule.

NOTE FROM ROBIN: This is a client bulletin by Jim Coleman and Ellen Kearns, co-chairs of our Wage and Hour Practice Group, that went out this afternoon. Because the blog subscription and bulletin subscription lists are not identical, I’m reproducing the bulletin here for our blog readers.

UPDATE (9/5/17): As we expected, today the U.S. Department of Labor filed ...

I’m reading the decision as we speak, and we’ll be back soon with analysis from our Wage and Hour gurus, Jim 

Coleman and Ellen Kearns. But meanwhile, here is the Opinion and Order from U.S. District Court Judge Amos Mazzant, and here is the Judgment.

The judge granted a motion for summary judgment filed by the business plaintiffs, a group led by the Plano (TX) Chamber of Commerce.

You may recall that Judge Mazzant’s preliminary injunction, issued last November, is on appeal to the U.S. Court of Appeals for the Fifth Circuit.

Image Credit: From flickr, Creative Commons license, by State Farm Insurance.

The state of Oregon is the first in the Union to have a statewide "scheduling law." The new law will take effect (for the most part) on July 1, 2018, and will apply to retail, hospitality, and food services employers with operations in Oregon, as long as they have at least 500 employees worldwide. Bob Ortbals, who has been following and covering municipal scheduling laws, has an excellent ...

On August 11, Gov. Roy Cooper signed into law the North Carolina Employee Fair Classification Act. The portion of the legislation that deals with worker classifications will take effect December 31.

The legislation does not change existing definitions of “employee” and “independent contractor” under state law but creates an Employee Classification Section of the North ...

The U.S. Department of Labor has issued its promised Request for Information on the salary levels in the Obama Administration's overtime rule. The RFI was published in yesterday's Federal Register. Comments are being accepted through September 25.

Invoking President Trump's Executive Order 13777, the RFI focuses on the minimum salary levels that should apply to the ...

Overtime rule - what's the Trump Administration doing? Last Friday, I posted about the U.S. Department of Labor's brief in the case challenging the Obama Administration's overtime rule, which has been enjoined since November 2016. The Trump DOL position had me scratching my head because it sounded an awful lot like the Obama DOL position, and I said that we'd be hearing soon from some ...

Can an outside attorney defending an employer in a lawsuit under the Fair Labor Standards Act be liable for retaliation against the plaintiff-employee based on litigation tactics? One court answered that question "yes" last week.

Are these judges crazy? You decide.

In Arias v. Raimondo, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit reversed dismissal of ...

The U.S. Department of Labor submitted its brief today in Nevada v. U.S. Department of Labor, the case involving the challenge to the Obama Administration's overtime rule.

Some very quick background: The overtime rule, which would have more than doubled the salary threshold for administrative, executive, and some professional exemptions from the minimum wage and overtime ...

We officially entered the season of summer this week. What are the most common ways employers can get burned? I can think of four right off the bat.

https://www.youtube.com/watch?v=Qtbhrq8JyBw

(In the 1960s, melanoma was cool.)

Sexist air conditioning. It seems like a long time since we've read anything about this employment law "issue." The idea was that office air conditioning ...