May 23, 2024
The Fifth Circuit won't speed up a Dairy Queen franchisee's challenge to the U.S. Department of Labor's decision to increase the salary threshold for a Fair Labor Standards Act overtime exemption, turning down the entity and its owner's bid to expedite the appeal.
May 21, 2024
A Dairy Queen franchisee and its owner urged the Fifth Circuit to speed things along in their challenge to the U.S. Department of Labor's higher salaries used to consider whether employees are overtime-exempt, saying that the newest final rule will exacerbate their harm.
March 29, 2024
The U.S. Department of Labor doesn't need direct congressional authorization to raise the minimum salary threshold for overtime exemption because such a policy change is neither unprecedented nor economically impactful, a progressive think tank told the Fifth Circuit.
March 22, 2024
The U.S. Department of Labor told the Fifth Circuit that the department has been raising the salary threshold to determine whether employees are overtime-exempt since the Fair Labor Standards Act's inception, urging a panel to keep a Texas federal court's decision.
February 05, 2024
The Chevron deference is a powerful precedent that can require a federal court to yield to an agency's interpretation of a statute, but a court is free to undertake its own analysis when the administrative law framework doesn't apply, attorneys told Law360.
January 26, 2024
The U.S. Department of Labor's rule increasing the salary for a federal overtime exemption goes against constitutional boundaries, a slew of conservative groups told the Fifth Circuit, citing the Founding Founders and separation of powers prime mover Montesquieu.
January 25, 2024
Only Congress, not the U.S. Department of Labor, can raise the salary ceiling for the federal overtime exemption, a group representing small businesses and a conservative think tank told the Fifth Circuit, supporting overturning a federal court's ruling.
January 19, 2024
A Dairy Queen franchise owner urged the Fifth Circuit to overturn a Texas federal court ruling favoring the U.S. Department of Labor in the owner's suit alleging the federal government was outside its authority in raising an overtime exemption salary threshold, saying the agency overstepped.
January 01, 2024
In 2024, courts around the country will tackle independent contractor classification, minimum wage and overtime cases that employment lawyers should pay attention to. From a lawsuit seeking to overturn Uber and Lyft's carveout from California employment laws to the U.S. Department of Labor's power to issue rules and how state-level pay transparency laws are getting put to use, here are seven to watch.