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 ...

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 ...

And may it die quickly. The U.S. Department of Labor has taken formal regulatory action to rescind the Obama Administration's "Persuader Rule." The DOL has been enjoined from enforcing the rule since November 2016, but the latest action will presumably end it for good. Let's hope. David Phippen of our Washington DC Metro Office has the details in this Client Bulletin.

Mayor de Blasio ...

On November 23, 2016, we issued a Client Bulletin titled “Employers Can Breathe A Sigh of Relief Come December 1: Court strikes down overtime rule.”  But a new lawsuit in federal court in New Jersey puts a gulp in that sigh of relief.

Background

As previously reported, regulations that would have more than doubled the salary threshold for Administrative, Executive and ...