November 13, 2024
The recent Ninth Circuit decision deeming President Joe Biden's increase of federal contractors' hourly minimum wage unlawful clarified that the government's position that it could mandate the hike is absurd, the state of Texas told the Fifth Circuit in its case also challenging the wage hike.
September 18, 2024
A recent Fifth Circuit decision ruling that the U.S. Department of Labor could raise salary levels for overtime-exempt workers clarifies that the major questions doctrine should stay out of a case challenging the minimum wage increase for federal contractors, the DOL told the appeals court.
August 28, 2024
Federal courts in the latter half of 2024 are expected to scrutinize a strict federal registration requirement for contractors and decide whether whistleblower False Claims Act cases are constitutional, potentially affecting a key federal anti-fraud tool. Here, Law360 previews key disputes that government contractors should have on their radar in the second half of the year.
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 05, 2024
The State of Texas argued that increasing the minimum wage for federal contractors to $15 per hour invokes the major question doctrine, telling the Fifth Circuit that a sister appellate court addressed a similar issue when it paused the Federal Communications Commission's net neutrality rules.
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.
March 25, 2024
The Biden administration lacks authority to implement a $15-per-hour minimum wage for government contractors, three Southern states told the Fifth Circuit, because the Procurement Act only empowers the executive branch to trim federal expenditures.
January 31, 2024
A group of unions told the Fifth Circuit on Wednesday that better pay makes workers more efficient and President Joe Biden was therefore within his rights under federal law to set a $15-per-hour minimum wage for federal contractors.
January 30, 2024
The increased minimum wage for federal contractors doesn't have an economic impact that triggers the major questions doctrine, 22 attorneys general told the Fifth Circuit, saying a Texas district court shouldn't have relied on it.
January 29, 2024
A progressive think tank told the Fifth Circuit on Monday that increasing the minimum wage for federal contractors isn't an extraordinary move that warrants the application of the major questions doctrine, urging the court to flip a lower court's decision deeming the raise illegal.