OT Advocates Look To States

With the Department of Labor overtime rule having suffered a somewhat similar fate (enjoined nationally by the federal court) as did the persuader rule discussed above, advocates for the policy of more than doubling the overtime threshold are now casting their eyes on state governments. As new legislative sessions get underway, democratic lawmakers in a…

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Court Rejects Staying OT Rule Injunction

As we reported to you back in early December, the federal court in Texas enjoined the new Department of Labor overtime regulations that would have more than doubled the overtime exemption threshold to over $47,000, a decision that DOL quickly appealed. Last week, Judge Amos Mazzant of the District Circuit, who actually issued the injunction…

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Cabinet Members Prepare for Transition

As the transition of presidential power to President-elect Trump gets closer, President Obama has asked cabinet secretaries to write “exit memos” to identify progress they believe they have made and highlight the work that remains.  In response, most of the Secretariats have completed the task and released their vision. Department of Labor Secretary Tom Perez…

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DOL Wins Expedited Ruling on Overtime

Last week, the Department of Labor (DOL) made good on its promise to appeal the federal court decision that overturned its overtime regulation and then went one better – asking the court to expedite the hearing on its appeal.  Formally, the department asked that the court order the appeal fully briefed by February 7, which…

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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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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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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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