Circuit Court to Hear Overtime Rule Appeal in Early October

The 5th U.S. Circuit Court of Appeals in New Orleans, arguably the most conservative of all appeals courts, announced it will hear the appeal to the injunction against the Obama-era overtime rule in early October. That rule, which raised the salary threshold for overtime exemption to $913 a week, was blocked by a federal judge […]

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DOL to Seek Public Input on Creating a New Overtime Rule

The Department of Labor (DOL) announced it will publish a Request for Information (RFI) for the overtime rule on Wednesday, July 26, 2017. The RFI is an opportunity for the public to provide information that will aid the department in formulating a proposal to revise these regulations that define and delimit exemptions from the Fair […]

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DOL Wants Salary Level to Determine Overtime Eligibility

The Department of Labor (DOL) today asked the 5th Circuit Court of Appeals to clarify its authority to establish a salary threshold for determining overtime eligibility, but did not endorse the Obama-era proposed salary level of $47,476 a year. In a brief filed in the ongoing appeal over an injunction blocking President Obama’s effort to […]

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DOL to Request Public Input on Stalled Overtime Rule

Labor Secretary Alexander Acosta informed a House subcommittee on June 7 that the Department of Labor (DOL) will submit a Request for Information  (RFI) to seek input on the Obama-era overtime rule that has been blocked for half a year by a federal judge’s injunction. An RFI is a “pre-rulemaking” procedure during which an administrative […]

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Oakland Raiders Cheerleaders Receive Wage Theft Settlement

A back-pay settlement of $1.25 million has finally been distributed to 90 former cheerleaders for the Oakland Raiders. The payout caps a lengthy legal battle that saw the women win their lawsuit in 2014, only to see the settlement tied up in legal tussles until this past week. The women were paid just $1,250 for […]

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Alexander Acosta Approved as Labor Secretary

The Senate has just voted 60-38 to approve Alexander Acosta as Secretary of the Department of Labor (DOL). Acosta fills the post that President Trump’s first nominee, Andrew Puzder, withdrew from under pressure about revelations in his personal life. Acosta is viewed as a more moderate secretary over Puzder, having served on the National Labor Relations Board […]

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Overtime Rule Appeal Rescheduled for June 30

The U.S. 5th Circuit Court of Appeals in New Orleans has granted the Trump administration another extension in an appeal filed by the Obama White House over a federal court injunction blocking its proposed new overtime rule. The Trump Department of Labor (DOL) cited a lack of leadership — i.e., the nominee for Secretary of […]

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Fate of Obama Overtime Rule to Be Determined by May 1

The 5th U.S. Circuit Court of Appeals has granted the Trump administration an additional 60 days to decide what to do about appealing an injunction placed on the Obama-era overtime rule that was set to take effect this past Dec. 1, making May 1 decision day. The 60 days are in addition to an earlier 30-day […]

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DOJ Asks for Delay in Overtime Rule Appeal to Reconsider Whether to Proceed

The Department of Justice (DOJ) on Jan. 25 asked the U.S. 5th Circuit Court of Appeals for a 30-day delay in submitting its brief in the ongoing appeal of a federal judge’s injunction that stopped a new overtime rule from taking effect on Dec. 1, 2016. The delay is meant to give the Trump administration […]

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Federal Judge Denies DOL Request for a Stay on His Overtime Rule Injunction

After hearing arguments on Dec. 30, U.S. District Judge Amos L. Mazzant III yesterday (Jan. 3) rejected a request by the Department of Labor (DOL) that he halt his court’s proceedings on the issue of whether the department’s 2016 overtime pay rule is legal. The DOL rule would raise the threshold for exemption from overtime pay from […]

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