Just one month after the U.S. District Court for the Eastern District of Texas shut down a Fair Pay and Safe Workplaces final rule, the District Court has enjoined the implementation of the Department of Labor’s (DOL) final rule updating its Fair Labor Standard Act (FLSA) exemptions. Had these gone into effect, they would…

In an article published by Government Executive, Bass, Berry & Sims attorney Richard Arnholt provided insight on the state of the Fair Pay, Safe Workplaces rule following a preliminary injunction issued by a Texas district judge in October blocking parts of the rule. Richard argues that the president and agencies went around Congress in a quest for efficiency and cost savings, but provided no reliable data to prove the need for the rule, while forcing contractors to provide detailed reporting on non-final decisions and determinations of alleged labor law violations that could end up denying them a contract without due process.…
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In a ruling announced yesterday, a federal judge in Texas has halted nationwide the effectiveness of the new salary level required to be paid by employers to those employees who are exempt from overtime.  This alert will discuss briefly the ruling, its impact, and what employers should do in response.
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Bass, Berry & Sims attorney Tim Garrett provided insight for an article outlining the case brought by 21 states challenging the Department of Labor (DOL) related to the new overtime regulations set to take effect December 1, 2016. Although the challenge is under review, Tim still is advising “that employers continue to plan to comply with the new rule effective Dec. 1, unless the court does impose a nationwide injunction. The risks of failing to comply are simply too great and can lead to immediate legal exposure.”
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Bass, Berry & Sims attorney Tim Garrett provided insight for an article outlining the emergency motion filed by 21 states to bar the Fair Labor Standards Act (FLSA) overtime rule, set to take effect December 1, 2016. The new rule will more than double the salary level for those employees classified as exempt from overtime pay from the current level of $23,660 to the new level of $47,476, or $913 per week. In the motion filed this week, the 21 states are challenging the FLSA’s new salary-level test. In the article, Tim states “I do not anticipate that the motion to delay the new salary level will be successful, other than perhaps in a manner specific to the state-plaintiffs.”
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Bass, Berry & Sims attorney Tim Garrett discussed the potential delay in implementation of the new overtime rules for an article in Nation’s Restaurant News. A bill that could delay the implementation of the overtime rules by six months cleared the House on September 28, 2016, but the bill faces a potential veto by the President if it progresses pass the Senate. Tim notes that the real battle for the legislation will be whether it can garner the two-thirds vote needed to override the potential veto. “‘I would be surprised,’ Tim said. ‘This is a difficult political point to make it appear as though a senator or congressman is against an increase in pay for the middle class.’”
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