The U.S. Department of Labor will appeal a recent nationwide injunction that blocked the implementation of a new overtime pay rule that had been set to take effect on December 1.
The DOL said it would appeal to the Fifth U.S. Circuit Court of Appeals in New Orleans a November decision by U.S. District Judge Amos Mazzant of Sherman, Texas, preliminarily blocking the rule pending a full trial on the merits of two consolidated suits challenging its legality.
The new rule will not take effect while the appeal is pending.
The DOL’s new rule doubled the minimum salary threshold required to qualify for the white-collar exemption to $47,476 per year,and created an index for future automatic increases.
The states and business groups that filed suit claim that only Congress has the authority to enact such modifications to existing law.
About the Author
Angel Castillo, Jr.
Angel Castillo, Jr. has significant experience during more than 30 years of practice in employment and other civil litigation and in domestic and international arbitrations. Mr. Castillo is AV® Preeminent Peer Review Rated by Martindale-Hubbell. He has been recognized by both the South Florida Legal Guide and Florida Super Lawyers as one of the top…
