September 23, 2020

Volume X, Number 267

September 22, 2020

Subscribe to Latest Legal News and Analysis

September 21, 2020

Subscribe to Latest Legal News and Analysis

District Court in Texas Issues Nationwide Injunction on New DOL Overtime Rule

On November 22, Judge Amos L. Mazzant, III, of the United States District Court for the Eastern District of Texas, Sherman Division, enjoined the U.S. Department of Labor ‘s (“DOL’s”) new overtime rule from taking effect on December 1, 2016. The injunction applies nationwide and affects all employers. The DOL’s rule would have raised the salary threshold for exempt administrative, professional, and executive employees from $23,660 to $47,476 per year. It would also have raised the salary threshold for the “highly compensated employee” exemption from $100,000 to $134,004.  Moreover, the rule would have provided for future automatic increases to the salary thresholds.  Many employers across the country have spent the last few months planning whether to raise the salaries of certain employees, or convert them to non-exempt, in which case the employees would become newly overtime-eligible.

Employers should continue such planning because the rule may still ultimately go into effect; Judge Mazzant’s  ruling simply means it will not go into effect on December 1..  In September 2016, two lawsuits were filed in Judge Mazzant’s court, one by a group of 21 states, and one by a group of private companies.  Both lawsuits, which were eventually consolidated, challenged the constitutionality of the new rule.  The states contend that the new rule constitutes executive overreach and potentially violates the 10th Amendment.  Private companies argue that the DOL did not follow administrative procedures when enacting the rule.

© 2020 Dinsmore & Shohl LLP. All rights reserved.National Law Review, Volume VI, Number 328


About this Author

Brian Moore, labor and employment litigator, Dinsmore Shohl law firm,
Of Counsel

Brian represents companies in labor, employment, and general litigation matters. His business-oriented approach enables him to guide clients through a myriad of challenges. Brian draws on his experience to help clients reach efficient resolutions -- or pursue litigation and trial -- as the situation warrants. Working with clients in the banking, insurance, retail, health care, energy, hospitality, and food and beverage industries, he has guided them through an array of issues, including discrimination, harassment, wage and hour, deliberate intent, unfair labor practice,...

Katherine B. Capito, attorney employment, related litigation, matters Dinsmore Law

Katherine Capito is a member of the Labor & Employment Department, where she works with a variety of clients to handle employment-related litigation matters, including discrimination and harassment claims. She has worked with clients ranging from coal companies to national consumer product retailers, handling everything from providing counsel to drafting motions to managing the discovery process. She places a premium on learning her client’s business, enabling her to tailor a strategy that meets their objectives and keeps them moving toward a resolution.

Katherine also frequently authors and edits labor and employment-related papers and articles for national publications. Prior to joining the firm, Katherine worked at the United States Attorney's Office.