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Business Groups Ask Court To Expedite Ruling On Overtime Exemption Rules

By Bill Pokorny on October 18, 2016
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In our last post we reported that the U.S. Chamber of Commerce and fifty-plus other business groups suing to block the U.S. DOL’s overtime  exemption rule from taking effect had not yet moved to expedite the court’s ruling on the case, making it unlikely that the court would issue any sort of ruling before the rules take effect on December 1, 2016. Well, now they have. In a motion for expedited summary judgment filed Friday October 14, the business groups are now asking the court to rule on the merits of their case on the same timetable as is set for its hearing of the motion for preliminary injunction in the parallel lawsuit being pursued by a coalition of 21 states. On Monday, the business groups followed up with a motion asking the court to consolidate their case with the parallel state lawsuit. According to the motion, the states and the DOL do not oppose consolidating the cases.

The Court’s docket indicates that the DOL’s response to the motion for summary judgment is due on October 31, 2016. The DOL’s response to the states’ parallel motion for a preliminary injunction is likewise due on October 31, with the states’ reply due on November 10 and any sur-reply by the DOL due on November 15. The motion is set for hearing on November 16, 2016 at 9:00 a.m.

Both cases are pending before District Judge Amos L. Mazzant. Mazzant was nominated to the bench by President Obama in 2014. He previously served as a United States Magistrate Judge from 2009 to 2014, and as a justice of the Court of Appeals for the Fifth District of Texas from 2004 to 2009.

It is conceivable that these combined cases could offer employers some relief from the new rules before the effective date. But we’re not holding our breath. While employers might sensibly delay announcing any changes while these lawsuits play out, they should still be preparing to comply by December 1.

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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