Labor Law -- 2017

Nevada v. U.S. Dept. of Labor   (5th Circuit)

Appeal of DOL's new overtime rule

This case is about whether the lower court properly issued a temporary nationwide injunction preventing enforcement of the Department of Labor’s (DOL) new overtime rule. More information relating to the lower court case can be found here.

The DOL appealed the injunction. The NAM, along with a group of sixty business associations, filed an amicus brief asking the court to keep the preliminary injunction in place. Our brief argued that the DOL failed to acknowledge that its new rule radically upends decades of regulations, failed to consider whether the new rule would impermissibly sweep in employees who should have been exempt, and failed to give any consideration to the business community’s legitimate interests.

The court granted a motion by the DOL to dismiss the appeal on September 6, 2017 and the DOL has reopened the rulemaking process.

Related Documents:
NAM amicus brief  (January 24, 2017)


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