Overtime rule update: District court won’t wait for appeals court’s ruling

January 04, 2017 - by: Kate McGovern Tornone 0 COMMENTS

On January 3, a federal district court judge said he won’t halt proceedings in the case challenging the U.S. Department of Labor’s (DOL) new overtime rules despite concurrent litigation in the U.S. 5th Circuit Court of Appeals.

The rules, which were scheduled to take effect December 1, 2016, would have required employers to pay overtime to employees earning less than $913 per week ($47,476 annually).

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New York adopts higher salary thresholds for exempt employees

by Charles H. Kaplan
Sills Cummis & Gross P.C.

Employers in New York must increase the salaries of exempt executive and administrative employees by December 31 to meet the requirements of recently adopted regulations. Employers also must decide whether to increase exempt employees’ salaries each year to match annual increases required by the new regulations.

On December 28, the New York State Department of Labor (NYSDOL) adopted regulations that will increase the minimum salary thresholds for executive and administrative employees under the wage and hour provisions of New York state’s Labor Law. The Labor Law does not require a minimum salary for exempt professional employees.

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Puzder hearing set for January, Dems defend overtime rules

December 28, 2016 - by: Kate McGovern Tornone 0 COMMENTS

The Senate has scheduled a January confirmation hearing for President-elect Donald Trump’s pick for secretary of labor.

Trump’s nomination of Andy Puzder, CEO of CKE Restaurants, was the death knell for the U.S. Department of Labor’s (DOL) new Fair Labor Standards Act (FLSA) overtime regulations, according to John Husband, a partner at Holland & Hart in Denver and an editor of Colorado Employment Law Letter.

It already was expected that the Trump DOL would withdraw the department’s appeal of an injunction blocking the rules, but Puzder’s nomination solidified that prediction, Husband previously said.

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Texas AFL-CIO seeks to join fight to save overtime rules

December 21, 2016 - by: Kate McGovern Tornone 0 COMMENTS

A group of labor organizations is attempting to save the new overtime rules from almost certain death under the Trump administration.

The Texas AFL-CIO on December 9 moved to join a lawsuit challenging the rules, saying that if the president-elect drops the government’s defense of the regulation as predicted, the union group will see it through.

Background

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Time for federal contractors to meet new paid leave requirements

by H. Juanita M. Beecher

Contractors entering into federal contracts on or after January 1, 2017, must comply with the U.S. Department of Labor’s (DOL) new regulations requiring them to provide workers 56 hours of paid sick leave a year.

The regulations implement President Barack Obama’s Executive Order 13706, which was issued on September 7, 2015. The coverage provisions are the same as those for the $10.10 hourly minimum wage requirements for federal contractors. Employees whose wages are governed by the Davis-Bacon Act, the Service Contract Act, or the Fair Labor Standards Act (FLSA) are also covered.

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Puzder nomination could be the end of overtime rules

December 13, 2016 - by: Kate McGovern Tornone 0 COMMENTS

The president-elect’s nomination of Andy Puzder for secretary of labor may very well be the final nail in the coffin for the new overtime rules.

Puzder, CEO of CKE Restaurants, has been an outspoken critic of President Barack Obama’s employment initiatives for years. Several of those efforts, especially the overtime rules, are dead given Puzder’s appointment, says John Husband, a partner at Holland & Hart LLP and an editor of Colorado Employment Law Letter.

The overtime regulations, which would have required employers to pay overtime to all employees earning less than $913 per week ($47,476 annually), were scheduled to take effect December 1. With just days to spare, a federal district court judge issued a temporary injunction halting the rules’ implementation. The U.S. Department of Labor (DOL) appealed the injunction order to the U.S. 5th Circuit Court of Appeals, which agreed to fast-track its review. Still, the expedited schedule puts final briefings after the inauguration.

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Court expedites appeal of overtime rule injunction

December 09, 2016 - by: Kate McGovern Tornone 0 COMMENTS

A federal appeals court will review the temporary injunction blocking new overtime regulations on an expedited schedule that wraps things up even faster than the U.S. Department of Labor (DOL) had requested. But it still won’t reach a decision until after President-elect Donald Trump’s inauguration, and that could mean the end of the overtime rule, according to some experts.

The U.S. 5th Circuit Court of Appeals granted the DOL’s motion for expedited review December 8. The court scheduled most briefing deadlines as the DOL had requested, but it slated final briefs for January 31 rather than the proposed February 7.

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Movement on overtime rules unlikely before Trump takes office

December 06, 2016 - by: Kate McGovern Tornone 0 COMMENTS

The U.S. Department of Labor (DOL) has requested that an appeals court fast-track its appeal of an injunction blocking the new overtime regulations. But even if the court agrees to the DOL’s proposed expedited schedule, it wouldn’t take action on the injunction until at least February, weeks after President-elect Donald Trump takes office.

The department filed an appeal with the U.S. 5th Circuit Court of Appeals on December 1. It argued that a federal district court judge’s injunction halting the rules “rests on an error of law and should be reversed.” The judge called into question the DOL’s authority to establish a salary basis test for overtime eligibility under the Fair Labor Standards Act (FLSA). In its appeal, the DOL argues that the 5th Circuit has already sanctioned the test in previous opinions.

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DOL appeals overtime rule injunction

December 02, 2016 - by: Kate McGovern Tornone 0 COMMENTS

The U.S. Department of Labor (DOL) announced on December 1 that it will appeal a court’s injunction temporarily halting its new overtime regulations.

A federal judge for the U.S. District Court for the Eastern District of Texas blocked the rules on November 22, calling the regulations “unlawful” and noting that the changes in the rules should be left to Congress.

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‘Unlawful’ overtime rule temporarily blocked

November 23, 2016 - by: Kate McGovern Tornone 0 COMMENTS

A federal district court temporarily blocked the U.S. Department of Labor’s (DOL) new overtime rule on November 22, just days before it was scheduled to take effect. The judge who issued the order called the regulation “unlawful” and said such actions should be left to Congress.

At the request of 21 states, the U.S. District Court for the Eastern District of Texas granted an emergency injunction halting the regulation, which would have required employers to pay overtime to employees earning less than $913 per week ($47,476 annually) beginning December 1.

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