A Texas Judge issued a nationwide preliminary injunction yesterday preventing the DOL from implementing or enforcing its regulation raising the salary level for the white collar exemptions.  An article discussing the case and the impact is posted on our website.  Here is the link: http://www.jacksonlewis.com/publication/texas-court-grants-nationwide-preliminary-injunction-enjoining-department-labor-implementing-or-enforcing-regulation.  

We are holding a webinar on Monday at 12:00 EST to discuss the decision and the options employers have in light of the decision and likely appeal by the DOL.  You may register using this link: https://attendee.gotowebinar.com/register/1500270800817977346?source=JL.    

Needless to say, employers are faced with a chaotic situation and their insurance carriers face that uncertainty with them.  While invalidating the increased salary basis leaves the old test in place, the order would seem to give rise to a challenge to the salary and fee basis regulations that long have been part of the wage-hour exemption tests for those engaged in professional, managerial/executive and administrative capacities.

 

 

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Photo of Ana C. Shields Ana C. Shields

Ana Shields is a Principal in the Long Island, New York, office of Jackson Lewis P.C. Since joining Jackson Lewis in June 2005, she has practiced exclusively in employment law and has been involved in proceedings before federal and state courts, the American…

Ana Shields is a Principal in the Long Island, New York, office of Jackson Lewis P.C. Since joining Jackson Lewis in June 2005, she has practiced exclusively in employment law and has been involved in proceedings before federal and state courts, the American Arbitration Association and administrative agencies.

Ms. Shields has successfully prepared pleadings, motions, memoranda of law, position statements and legal opinions related to employment law issues such as employment discrimination, harassment, retaliation, whistle-blowing claims and restrictive covenants. Ms. Shields has advised clients on compliance with various state and federal laws affecting the workplace, including Title VII, the Equal Pay Act, Fair Labor Standards Act, Family and Medical Leave Act, Americans with Disabilities Act, Age Discrimination in Employment Act and New York State and City laws. In addition, she is a firm resource for Electronic Discovery. She has worked closely with clients through all phases of litigation including investigations, preparations for depositions, attending depositions and trials.

While attending law school, Ms. Shields was a published member of the New York International Law Review. She was the recipient of the 2003 American Bar Association/Bureau of National Affairs Award for Excellence in Labor and Employment Law. She was also awarded the CALI Award for Excellence in Employment Law, Advanced Labor Law, and Jurisprudence.

Prior to joining the firm, Ms. Shields was a commercial litigation associate at a firm in Long Island, New York.