Wednesday, November 23, 2016

Federal Court Issues Nationwide Injunction Against Implementation and Enforcement of the New Federal Overtime Rules

As we let you know last week, legal challenges to the new federal overtime pay rules scheduled to go into effect on December 1, 2016, are pending in federal district court in Texas. On November 22, 2016, the Judge hearing the Texas cases issued a nationwide preliminary injunction enjoining the U.S. Department of Labor (DOL) from implementing and enforcing the new rules. As such, employers who were busily preparing to comply with those rules have a reprieve – at least for now- from having to comply.

Friday, November 18, 2016

Stay Tuned! Federal Court Set to Issue Pre-Thanksgiving Ruling on Motion to Delay New Federal Overtime Rules

In the aftermath of President-elect Trump’s victory, many employers are wondering how the president-elect’s priorities will impact their employment and labor law obligations. One immediate question on employers’ minds is whether they still must comply with the Obama administration’s new federal overtime pay rules set to go into effect on December 1, 2016. It is highly unlikely that there will be any activity related to these rules by President-elect Trump prior to the December 1 deadline, although a later retraction or retrenchment of the rules is certainly possible. Employers should, however, stay tuned to a legal challenge to the new rules currently pending in federal district court in Texas. The judge in that action, Judge Amos L. Mazzant, III, has announced that he will rule by November 22, 2016, on a pending motion to enjoin the U.S. Department of Labor’s enforcement of the new rules. If the court grants the motion and issues a nation-wide injunction, implementation of the new overtime pay rules may be delayed. However, because the court could also deny the motion or limit the reach of any injunction, employers should continue preparing for the December 1 deadline.

Friday, November 4, 2016

The NLRB’s Latest Priority: Intermittent and Partial Strikes

The most powerful weapon a labor union can unleash against an unwitting employer, whether unionized or not, is a strike. Strikes, however, can take different forms and arise under different circumstances. Last month, the National Labor Relations Board’s (NLRB) Office of the General Counsel (GC), the prosecuting arm of the federal NLRB agency, issued a short but powerful memorandum regarding an increasingly common union tactic: intermittent and partial strikes. While the Board has generally held that such strikes are not protected under the National Labor Relations Act, the GC took issue with this established Board law and advocated for a change.