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States Seek Preliminary Injunction Blocking New Overtime Rules

By Bill Pokorny on October 14, 2016
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On September 20 we reported about a lawsuit by 21 states seeking to block the U.S. DOL’s new overtime exemption rules. This week, the states followed up their complaint by filing an Emergency Motion for Preliminary Injunction, asking the court to block enforcement of the new rule pending a final ruling on the states’ claims. According to the court’s docket no hearing date has been set.

There have been no further developments in a similar lawsuit filed on the same day by the U.S. Chamber of Commerce and a coalition of business groups. To date, the business groups have not filed a motion for a preliminary injunction. The court’s docket reflects that the Labor Department’s answer to the complaint is not due until November 21, 2016.

At this point, we cannot recommend that employers pin their hopes on these lawsuits to relieve them from having to comply with the new FLSA exemption rules effective December 1, 2016.

Note: This post has been corrected. The original post stated that the Chamber of Commerce lawsuit does not challenge the base salary increase included in the new rule. It does. 

Photo of Bill Pokorny Bill Pokorny

Bill is a partner at Franczek P.C. As co-chair of the firm’s Labor and Employment Practice Group, Bill is particularly versed in all aspects of state and federal law relating to minimum wages, overtime, exemptions, and wage payment issues. Bill also regularly counsels…

Bill is a partner at Franczek P.C. As co-chair of the firm’s Labor and Employment Practice Group, Bill is particularly versed in all aspects of state and federal law relating to minimum wages, overtime, exemptions, and wage payment issues. Bill also regularly counsels employers on issues relating to the Family and Medical Leave Act (FMLA), disability and accommodations. Bill provides management and employee training on workplace legal issues, and also conducts workplace investigations and legal audits. Bill also has extensive litigation experience, representing employers in federal and state courts and administrative agencies such as the U.S. and Illinois Departments of Labor and the Equal Employment Opportunity Commission. In 2014, Bill was named to the annual “40 Under 40” published by Law Bulletin Publishing which recognizes 40 attorneys under the age of 40 based on nominations by their clients, peers and the legal community.

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  • Posted in:
    Employment & Labor
  • Blog:
    Wage & Hour Insights
  • Organization:
    Franczek P.C.
  • Article: View Original Source

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