Labor Law -- 2019



Nevada v. U.S. Dep’t of Labor   (5th Circuit)

Defending the overtime preliminary injunction from a collateral attack

The NAM filed an amicus brief on behalf of Chipotle Mexican Grill, supporting the nationwide injunction of the overtime rule. The plaintiff in this case filed suit against her employer, Chipotle, alleging violations of the new overtime rule, which had been enjoined by an Eastern District of Texas judge. The judge who issued the nationwide injunction held the plaintiff in contempt. The plaintiff is now appealing the contempt order, arguing that she was not within the judge’s jurisdiction and cannot be held in contempt. If the contempt order is vacated, it would functionally invalidate the nationwide injunction of the overtime rule because it would allow employees to sue employers for non-compliance. The 5th Circuit vacated the contempt order because the court lacked jurisdiction over the plaintiff.


Related Documents:
NAM brief  (July 13, 2018)