August 17, 2017

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Texas Federal Court Blocks DOL Overtime Rule

A federal judge in Texas has enjoined the new overtime rule on a nationwide basis. Specifically, the U.S. Department of Labor is enjoined from “implementing and enforcing” the new rule (which would have raised the minimum salary for most exempt executive, administrative, and professional employees to $913 per week, among other things). The judge noted that nothing in the FLSA indicates that Congress intended the U.S. punch clockDepartment of Labor to define the exemptions with respect to a minimum salary level—only with respect to duties—and that, consequently, the new rule is “unlawful.”

© 2017 Proskauer Rose LLP.


About this Author

Allan Bloom, Litigation Attorney, Proskauer Rose Law Firm

Allan Bloom is an experienced trial lawyer who represents management in a broad range of employment and labor law matters. He has successfully defended a number of the world’s leading financial services, investment management, technology, consumer products, telecommunications, publishing, insurance, construction, and lodging companies, as well as global law firms and cultural institutions, against claims for unpaid wages, employment discrimination, breach of contract, and wrongful discharge, both at the trial and appellate court levels.

Rachel S. Philion, Wage and hour attorney, labor and employment lawyer, Proskauer Rose, Law Firm

Rachel S. Philion is an associate in the Labor & Employment Law Department, co-head of the Wage and Hour Practice Group and member of the Employment Litigation & Arbitration Group. Rachel defends employers in state and federal court lawsuits and alternative dispute resolution forums against claims of discrimination, retaliation, harassment, wrongful termination and breach of contract, as well as wage-and-hour class and collective actions.

Rachel has conducted large-scale workplace investigations in connection with defending clients against pending and potential claims involving misclassification, overtime and off-the-clock work. She regularly counsels clients on workplace policies, compliance and litigation prevention strategies.