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 C. Shields is the co-leader of the firm’s Employment Litigation practice group nationally, serves on the firm’s Board of Directors and is the Office Managing Principal of the firm’s office in Melville, New York.

As a management side defense litigator, Ana exclusively…

Ana C. Shields is the co-leader of the firm’s Employment Litigation practice group nationally, serves on the firm’s Board of Directors and is the Office Managing Principal of the firm’s office in Melville, New York.

As a management side defense litigator, Ana exclusively represents employers and management with respect to claims of harassment, discrimination, retaliation and other alleged violations of labor and employment laws before federal and state courts, Arbitrators, and administrative agencies.

In addition to her significant litigation practice, Ana frequently is retained by management to conduct high level independent investigations of alleged workplace harassment by c-suite or senior level executives.