California Labor &
Employment Law Blog

Nov. 22 2016

Breaking: Nationwide Injunction Issued to Block New FLSA Overtime Rule

Topics: New Laws & Legislation, Wage & Hour Issues

Earlier today, Judge Mazzant of Eastern District of Texas issued an order granting the request of 20 states for a nationwide preliminary injunction blocking the Obama administration's new rule raising the minimum salary for the FLSA white collar overtime exemptions to over $47,000.  The rule was scheduled to take effect next week on December 1. In enjoining the rule, the court found that the states had demonstrated a likelihood of prevailing on the merits of their lawsuit and had shown that irreparable harm would result if the rule was not blocked immediately.  In so ruling, the court found that the rule was unlawful and exceeded the authority of the Department of Labor.  With the court's ruling, the new overtime rule is temporarily blocked on a nationwide basis pending final disposition of the litigation (and/or reversal of the order following review on any appeal).  

The case is State of Nevada, et al v. United States Department of Labor and is pending in the Eastern District of Texas.

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For over 20 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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About the Editor

Robin Largent has a regular presence in California state and federal courts and has been lead defense counsel and appellate counsel for large and small California employers in litigation (and arbitration) ranging from individual discrimination and harassment claims to complex wage and hour representative and class actions. She also leads the firm’s appellate practice, having substantial experience and success handling appeals, writ petitions, and amicus briefs in both state and federal court on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act.
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