DOL Appeals Injunction

Department of Labor Secretary Tom Perez filed notice yesterday that the Department of Labor is appealing the federal court decision that overturned the department’s overtime regulation.  The new overtime rule was enjoined by the federal court in Texas last week, thereby preventing it from taking effect as scheduled yesterday, December 1, 2016.  The appeal, filed…

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Court Blocks DOL Overtime Rule!

Federal Judge Amos Mazzant, presiding over the US District Court for the Eastern District in Sherman, Texas this week granted an emergency, nationwide injunction against the implementation of the new overtime regulation from the Department of Labor.  The DOL rule would have more than doubled the salary threshold for payment of overtime (the so-called “white…

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“If It Wasn’t for Texas!”

No, I’m not singing the George Straight country song, rather I’m reporting that the federal court in Texas has permanently enjoined the Obama administration from implementing its new persuader rule.  Recall that the so-called “persuader rule”, finalized by the Department of Labor back in March of this year, required law firms and any other consultants…

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CBO Blasts DOL Overtime Rule

The bipartisan Congressional Budget Office (CBO) this week took aim at another Obama Administration regulatory scheme in a report released earlier this week.  The Economic Effects of Canceling Scheduled Changes to Overtime Regulations, released by the CBO November 14, confirmed that canceling the new overtime regulation would result in lower employers’ payroll and compliance costs…

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DOL Overtime Rule on December 1

Despite the fact that we will have a new President assuming office in January and before we jump into the rest of the election day updates, we again advise you to pay close attention and prepare to comply with the DOL overtime rules set to take effect on December 1.  As we have reported in…

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DOL Prepares for New Overtime Rule

The DOL new overtime rule has been enjoined by a federal court in Texas pending final disposition of 2 distinct legal challenges – one brought by 21 states and the other filed by a number of business (the two cases have since been consolidated in State of Nevada v U.S. Department of Labor).  Notwithstanding that…

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Miscellaneous

We noted this week that the country’s largest employer, Wal-Mart announced that it was raising the salaries of all of its managers in order to comply with the new overtime threshold ($47,476 up from $23,660) mandated by the Department of Labor (DOL). Interesting, we also noted that the retail giant is also cutting 7,000 jobs! …

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House Passes DOL OT Delay, Senate Next

Last week in a flurry of legislative activity, the US House formally passed H.R. 6094, which would delay implementation of the new overtime threshold by six months, on a largely party-line vote of 246 -177.  The DOL’s new overtime rule more than doubles the threshold from $23,660 to $47,476 and is scheduled to take effect…

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DOL Mandates Paid Sick Leave for Federal Contractors

They just keep piling on, don’t they?  The Department of Labor yesterday issued regulations implementing President Obama’s 2015 executive order requiring that contractors with the federal government provide up to seven days of paid sick leave per year to employees of companies with federal contracts.  Obama initially mandated the new benefits by executive order over…

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States, Business Challenge Overtime Rule

Two major lawsuits have been filed in federal courts in Texas challenging the new Department of Labor overtime rule set to take effect on December 1.  Some 20 other states joined Texas in a challenge alleging that the new mandate violates the 10th Amendment of the US Constitution (the “State’s Rights amendment”).  This particular complaint…

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