As mentioned in the recent training we created regarding the new FLSA overtime exemption rule, Nevada, along with several other states, had filed a lawsuit in the Eastern District of Texas against the U.S. Department of Labor seeking to block or at least modify the new rule. A motion was filed a couple of weeks ago seeking an injunction of the new rule while the case is pending. That motion for an injunction of the rule is now set for a hearing on November 16, 2016.

The new FLSA overtime exemption rule is set to go into effect on December 1, 2016. If the injunction is granted, however, it could delay the rule going into effect. For a copy of the motion for injunction click here.

For more information about the new overtime rule itself, please see our recent training:
http://www.garggolden.com/le-training-new-federal-overtime-exemption-rule/

UPDATE November 16, 2016

At the hearing today, November 16, 2016, the Court chose not to rule on the motion for preliminary injunction and instead took the matter under advisement. The Court intends to enter an order by Tuesday, November 22, 2016; however, if the motion is denied, a further hearing will be held on Monday, November 28, 2016. So, no result yet.

Here is the Court’s docket entry:

Full docket text for document 53:
Minute Entry for proceedings held before Judge Amos L. Mazzant, III: Motion Hearing held on 11/16/2016 re [10] Emergency MOTION for Preliminary Injunction and Request for Oral Argument and Expedited Consideration filed by State of Nevada. Court took motion under advisement, ruling should be issued on Tuesday, November 22; if motion is denied, hearing will be set for Monday, November 28. (Court Reporter Jan Mason.) (dm, )

The Garg Golden Law Firm monitors this and other important legal issues. We will keep you apprised of the developments of this as it unfolds. If you have any questions, do not hesitate to contact us.

 

2 Comments
  1. Nixi 7 months ago

    so what happened now, another article said: “Judge Permanently Blocks “Persuader Rule’ Requiring Firms To Disclose Labor Advice”. Is lot of hearing said and nothing officially, meantime we have to continue following the new Rule about the overtime.. See link below:
    http://www.forbes.com/sites/danielfisher/2016/11/16/judge-permanently-blocks-persuader-rule-requiring-firms-to-disclose-labor-advice/#6fcd46f3105b

    • Author
      Anthony B. Golden 7 months ago

      Nixi, thank you for your comment. The persuader rule issue is different than the FLSA overtime exemptions. It is just coincidental that they had hearings pending on the same day in the same jurisdiction. You are correct, the judge on the persuader rule case entered a permanent injunction on that rule. That rule would have required law firms and employers to disclose certain information the firm was advising their employer-client on regarding union organizing, which is essentially a violation of attorney-client privilege.

      As for the FLSA overtime exemption rule, we will have to wait and see what the judge on that case does with it next week.

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