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.
July 12, 2024
In the two weeks since the U.S. Supreme Court overturned Chevron deference, the landmark decision has emerged as a live issue in dozens of administrative challenges, with federal courts already pausing agency regulations expanding LGBTQ+ rights in education and healthcare and with a wave of parties seeking to use the new decision to win their cases.
July 02, 2024
The Fifth Circuit asked the U.S. Department of Labor and a Dairy Queen franchisee to address how the recent U.S. Supreme Court's decision nixing the Chevron doctrine affects a challenge to the department's overtime rule.
June 14, 2024
A U.S. Department of Labor rule that the agency says would extend overtime protections to an estimated 4.3 million workers in its first year faces opposition in the courts and in Congress that could topple the recently finalized regulations. Here, Law360 reviews five threats to the Biden administration's overtime rule.
May 23, 2024
The Fifth Circuit won't speed up a Dairy Queen franchisee's challenge to the U.S. Department of Labor's decision to increase the salary threshold for a Fair Labor Standards Act overtime exemption, turning down the entity and its owner's bid to expedite the appeal.
May 21, 2024
A Dairy Queen franchisee and its owner urged the Fifth Circuit to speed things along in their challenge to the U.S. Department of Labor's higher salaries used to consider whether employees are overtime-exempt, saying that the newest final rule will exacerbate their harm.
March 29, 2024
The U.S. Department of Labor doesn't need direct congressional authorization to raise the minimum salary threshold for overtime exemption because such a policy change is neither unprecedented nor economically impactful, a progressive think tank told the Fifth Circuit.
March 22, 2024
The U.S. Department of Labor told the Fifth Circuit that the department has been raising the salary threshold to determine whether employees are overtime-exempt since the Fair Labor Standards Act's inception, urging a panel to keep a Texas federal court's decision.
February 05, 2024
The Chevron deference is a powerful precedent that can require a federal court to yield to an agency's interpretation of a statute, but a court is free to undertake its own analysis when the administrative law framework doesn't apply, attorneys told Law360.