Louise Davies is an Affirmative Action Paralegal in Constangy's Winston-Salem, North Carolina, office. For more than 15 years, she has helped employers develop affirmative action plans and respond to audits and on-site investigations by the Office of Federal Contract Compliance Programs. She also conducts diversity training for employers. Louise is a graduate of Wesleyan ...

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 ...

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 ...

As most readers know, the U.S. Department of Labor’s overtime rule, which was set to take effect yesterday, was preliminarily enjoined (temporarily blocked) on November 22 by U.S. District Court Judge Amos Mazzant III. The injunction in Nevada v. Perez applies nationwide, but the court’s decision is not final, and the DOL appealed yesterday. An article in the Washington Post

Which means the rule will be enforced starting day after tomorrow, December 1.

Judge Sam A. Lindsay of the Northern District of Texas found in TEXO ABC/AGC, Inc. v. Perez that the plaintiffs challenging the rule had failed to show that they would suffer irreparable harm if the rule was not preliminarily enjoined. He also found that the plaintiffs had failed to show that the balance of ...

NOTE FROM ROBIN: As I posted last night, the U.S. Department of Labor Overtime Rule, which would have taken effect a week from tomorrow, has been preliminarily enjoined. I am re-posting here a client bulletin by Jim Coleman, co-chair of our Wage and Hour Compliance and Litigation Practice Group, and me. This went out to our clients this morning.

The new regulations that ...

The U.S. Department of Labor's new Persuader Rule, which was scheduled to take effect July 1 before it was temporarily blocked by a federal judge in Lubbock, Texas, has now been permanently enjoined. That means the new Rule is dead, subject to the DOL's right to appeal the decision. And, of course, with the incoming Trump Administration, it isn't clear whether the DOL will bother with ...

Don't mess with Texas.

In Lubbock yesterday, Judge Sam R. Cummings permanently enjoined the U.S. Department of Labor's Persuader Rule, which is great news for employers. David Phippen has the full story here. The DOL can appeal to the U.S. Court of Appeals for the Fifth Circuit (it's already appealing the preliminary injunction issued in June), but with the coming change in ...

UPDATE (10/25/16): They did, they did! Judge Marcia Crone has issued a preliminary injunction against the Rule, which blocks it from going into effect. She agreed with the plaintiffs on just about every point (although she declined to block the paycheck transparency provisions). Here is a copy of the Order.

Many federal contractors are on the verge of having to ...

The Occupational Safety and Health Administration has delayed for a second time the enforcement date of its new "Reasonable Reporting Procedure" rule as it pertains to post-accident drug testing and safety incentive programs. The new enforcement date for the rule is December 1.

The rule was scheduled to take effect on August 10, and then OSHA extended the ...