October 29, 2024
A Fifth Circuit panel misinterpreted the Fair Labor Standards Act when it ruled that the U.S. Department of Labor could spike the salary thresholds in an overtime exemption, a Dairy Queen franchise owner said, urging the full appeals court to step in.
September 20, 2024
The U.S. Department of Labor's attempts to defend its wage and hour regulations in a world without Chevron deference have so far been only partly successful, as two recent Fifth Circuit decisions show.
September 12, 2024
The U.S. Department of Labor has the authority to issue salary rules as part of its role in defining the overtime exemptions of the Fair Labor Standards Act, the Fifth Circuit affirmed, in a case that raised questions about the DOL's power to regulate a fundamental aspect of wage and hour law.
August 12, 2024
A Dairy Queen franchisee owner told the Fifth Circuit that the full appellate court's decision striking down the Federal Communications Commission's universal service fund highlights that the U.S. Department of Labor couldn't spike employees' salary thresholds for an overtime carveout.
August 07, 2024
A Fifth Circuit panel told the government during oral arguments Wednesday that the Labor Department needed to provide more substantial reasoning as to how it determines workers' overtime eligibility, saying that just because it has set salary thresholds for nearly a century doesn't mean it gets carte blanche.
August 05, 2024
The Fifth Circuit is set to hear oral arguments this week in two cases challenging U.S. Department of Labor wage and hour rules, paving the way for a potential undoing of those regulations, given how the court has operated in the past. Here, Law360 explores what to expect during arguments.
August 02, 2024
In this inaugural edition of Wheeling & Appealing, Law360 recaps recent appellate opinions that made waves, quizzes readers about a new word for judicial grievances, and previews August arguments in circuit courts over controversial wage rules and a seven-figure attorney fee award after a digital age intellectual property trial.
July 16, 2024
A Dairy Queen franchisee owner told the Fifth Circuit that the recent U.S. Supreme Court decision tossing the Chevron doctrine officially makes clear that the U.S. Department of Labor can't raise employees' salary thresholds in a federal overtime exception.
July 15, 2024
Several legal fights that will dominate the rest of 2024 are variations on the debate around who has the power to make and change laws and who is considered an employee, with the cases challenging the breadth of the U.S. Department of Labor's rulemaking authority in the spotlight. Here, Law360 looks at seven cases to watch in the year's latter half.
July 15, 2024
A trio of U.S. Supreme Court rulings this term that dulled administrative agencies' power are likely to make an impact on how the U.S. Department of Labor enforces wage and hour law. Here, Law360 reviews six cases where their application is already becoming a point of contention.