September 06, 2017
The Fifth Circuit on Wednesday agreed to drop the U.S. Department of Labor's appeal of a preliminary injunction against an Obama-era regulation expanding overtime protection to millions of workers, granting a day-old request from the Trump administration.
September 05, 2017
The U.S. Department of Labor told the Fifth Circuit on Tuesday that it wants to drop its appeal of a Texas trial court's preliminary injunction blocking the agency's 2016 revision to the white-collar overtime exemption, saying the appeal is now "moot" after the same Texas court permanently struck down the rule last week.
June 30, 2017
The U.S. Department of Labor told the Fifth Circuit on Friday that it will not defend a controversial Obama administration rule that more than doubled the threshold under which workers must be paid overtime, but it will undertake the rulemaking process to set a new level, provided the court affirms its disputed power to set a salary test at all.
April 20, 2017
The Fifth Circuit on Wednesday gave the government a two-month extension in the appeal of an injunction that blocks the Obama administration's overtime rule, after the Department of Labor had asked to delay proceedings in light of Alexander Acosta, the nominee for labor secretary, having yet to be confirmed.
January 25, 2017
Sixty business groups and four states filed amicus briefs Tuesday urging the Fifth Circuit not to nix an injunction blocking the Department of Labor's revision to the white-collar overtime exemption from taking effect, saying the agency far exceeded its authority by trying to extend overtime pay to millions.
January 18, 2017
Nevada, Texas and 19 other states urged the Fifth Circuit on Tuesday to affirm an injunction blocking a recent revision to the Department of Labor's overtime rule, saying the tweaks would cause "irreparable harm on a massive scale" if they took effect.
January 03, 2017
A Texas federal judge on Tuesday denied the U.S. Department of Labor's bid to stay a lawsuit brought against it by 21 states over its new overtime rules, finding that although a Fifth Circuit ruling could impact the merits of the instant case, that's not enough to pause district court litigation.
December 23, 2016
Sen. Bernie Sanders, D-Vt. and 25 other members of Congress urged the Fifth Circuit on Thursday to reverse a lower court's order that put a stop to the U.S. Department of Labor's revised overtime rules for white collar workers, arguing that the agency's initiative does not violate federal regulations.
December 15, 2016
The U.S. Department of Labor urged the Fifth Circuit on Thursday to undo an injunction blocking implementation of its rule expanding overtime protection to 4.2 million white-collar employees, saying a lower court was wrong to find that a salary test couldn't be used to determine if workers qualify for a Fair Labor Standards Act exemption.
December 08, 2016
The Fifth Circuit on Thursday agreed to accelerate the U.S. Department of Labor's appeal of an injunction blocking its revised overtime rule for white collar workers, requiring briefing in the case to be completed by the end of January.